MLP1998-00003 Decision - MORFORD PARTITION
NOTICE DECISION
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SECTION 1. APPLICATION SUMMARY
CASES. FILE NAME; A-BOY SITE REDEVELOPMENT
Site Development Review SDR 98-0013
PROPOSAL: Site Development Review approval is requested to allow construction
of a 16,995 square foot retail sales building. The applicant also
proposes a second building of approximately 135,000 square feet to
be developed in a later phase. The second building is proposed to be
developed with 5,800 square feet of general retail use on the first floor
and 7,700 square feet of office use on the second floor. The
applicant provided additional plans for a Phase III parking lot which
cannot be reviewed with this application because it includes a
property that is not part of the previous application.
APPLICANT: Dolan & CO., L.L.C. OWNER; Same
1919 NW 19th Avenue
Portland, OR 97209
COMPREHENSIVE
PLAN
DESIGNATION: Central Business District; CBD.
ZONING
DESIGNATION: Central Business District; GBD.
LOCATION: 12520 SW Main Street; WCTM 2SI02AC, Tax Lot 00700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.66, 18.96, 18.100, 18.102,
18.106, 18.108, 18.114, 18.116, 18.120 and 18.164.
SECTION 11. DECISION
Notice is hereby given that the City of Tigard Community Development Direcior' designee
has APPROVED the above request subject to certain conditions.,
The findings and conclusions on which the decision i based are noted in Section IV.
NOTICE OF DECISION SDR 98-0003 fA-80'1 SITE RE-DEVELOPMENT PAGE 1 OF 12
CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
(Unless otherwise noted, the staff contact shall be Brian Rager,
Engineering Department (513) 639-4171.)
1. Prior to issuance of a building permit, a Street Opening Permit will be required for
this project to cover the driveway, curb, sidewalk and street tree work in Main Street.
The applicant will need to submit five (5) copies of a proposed public improvement
plan for review and approval. NOTE: these plans are in addition to any drawings
required by the Building Division and should only include information relevant to the
public improvements.
3. As a part of the public improvement plan submittal, the Engineering Department shall
be provided with the name, address and telephone number of the individual or
corporate entity who will be responsible for executing the compliance agreement and
providing the financial assurance for the public improvements.
3. The applicant's public improvement plans shall indicate that they will replace any
existing sidewalks and curbs that are damaged or in poor condition and will
reconstruct the existing curb cuts which will be abandoned.
4. Final location of the street trees, as well as the tree well design, shall be approved
by the City Engineer as a part of the Street Opening Permit review. Both design
and installation shall meet the provisions of Tigard Municipal Code (TMC)
18.100.030 and 18.100.035.
5. The applicant shall obtain a permit from Unified Sewerage Agency (USA) for
connection to the USA trunk line prior to issuance of the site and/or building permit.
A copy of the permit shall be submitted to the City Engineering Department.
6. Prior to issuance of the site and/or building permit, the applicant shall pay the fee in-
lieu of constructing an on-site water quality facility. The fee is based on the total area
of new impervious surfaces in the proposed development.
7. An erosion control plan shall be provided as part of the public improvement drawings.
The plan shall conform to „Erosion Control Plans - Technical Guidance Handbook,
November 1989."
8. A demolition permit shall be obtained prior to demolition or removal of any
structures on the site. The applicant shall notify Northwest Natural Gas prior to
demolition to disconnect services. STAFF CONTACT: Jim Funk, Building Division.
9. The applicant shall provide plans concerning the location and screening of trash
and recycling disposal area. The applicant shall also provide plans for screening of
any roof top or other mechanical equipment. STAFF CONTACT: Mark Roberts,
Planning Division.
j
NOTICE OF DECISION SDR 98-00031A-SOY SITE RE-DEVELOPMENT PAGE 2 OF 12
THE FOLLOWING' CONDITIONS SHALL. BE SATISFIED
PRIOR TO THE FINAL BUILDING INSPECTION BEING PERFORMED:
10. Prior to a final building inspection, the applicant shall complete the required public
improvements.
11. Prier to a final building inspection, the applicant should grant a public sidewalk
easement to the City to cover that portion of the public sidewalk along SW Main
Street lying within the applicant's property.
12. All approved site and landscape improvements shall be installed and maintained as
approved. STAFF CONTACT: Mark Roberts, Planning Division.
THIS APPROVAL SHALL. BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Histor
The property owner previously applied for Site Development Review approval for plans
that are similar as the plans that are presently under review. Previously, the applicant had
also requested a variance to the parking standard for general retail sales to allow 39
parking spaces to serve a development on the site, whereas, 44 spaces would normally be
required. The Site Development Review and the Variance requests were approved on
July 10, 1989 by the Planning Director subject to 14 conditions of approval.
The applicant appealed the Director Decision to the Planning Commission. The applicant
raised concerns with five of the conditions of approval that were imposed by the
Director's decision including: conditions requiring floodplain and greenway area dedication
and the construction of a bicycle/pedestrian pathway within the greenway, to be
accomplished by the applicant. The Planning Commission upheld the Director's Decision
except for the condition requiring removal of the roof sign. This condition was modified to
require removal of the sign to occur within 45 days of the issuance of the occupancy
permit (Final Order No. PC 89-25 dated December 15, 1989).
The applicant then appealed the Planning Commission's decision to the City Council
challenging the same five (5) conditions. The City Council upheld the Planning
Commission's decision with one (1) modification. The Council reassigned the
responsibility for surveying and marking the floodplain area from the applicant, to the City's
Engineering/Surveying Department (Council Resolution No. 90-07 dated February 5,
1990).
The applicant then appealed the Council's decision to the Oregon Land Use Board of
Appeals (LUBA). On January 24, 1991, LUBA denied the appeal, thereby, upholding the
City's decision on this matter (LUBA Final Order and Opinion No. 90-029). This matter
was further appealed to the United States Supreme Court.
NOTICE OF DECISION SDR 98-00031A-BOY SITE RE-DEVELOPMENT PAGE 3 of 12
I
In June 1994, the U.S. Supreme Court ruled in a 5-4 decision that the City of Tigard had
demonstrated 'a legitimate public interest in requiring the conditions. However, the City
had not demonstrated the required degree of connection between the conditions and the
impacts on the community by the proposed Dolan development. The U.S. Supreme Court
remanded the application back to the City to demonstrate the required connection
between the conditions and the development.
In response to the U.S. Supreme Court ruling, the City issued a decision with revised
conditions of approval in November of 1995. The lawsuit filed by the Dolan's proceeded
even though the Dolan's did not appeal the Tigard land use decision. A summary
judgment ruling made by the court in October of 1995 established that, at least, a
temporary taking had taken place in 1991. Thus, the case would proceed to establish the
level of damages.
The City of Tigard and the Dolan family have settled out of court in the matter of Dolan vs.
City of Tigard. The terms of the settlement include. $1.5 million to the Dolan's; building
permits for Phases I and If in conformance with agreed upon standards; and the
dedication of easements to the City of Tigard for a bikepath and flood control purposes.
The complaint filed by the Dolan's in December of 1994 was for inverse condemnation,
due process, civil rights and lost business profits. The settlement concludes all claims
made by the Dolan's.
Vicinity Information:
The site i located on the south side of SW Main Street between the westerly end of W
Main Street and SW Burnham Street. The site is adjoined by other commercial uses, a
single-family residential use and floodplain areas.
Site Information and Proposal Description;
Properties surrounding the subject site are also zoned Central Business District (CBD) and
contain a variety of commercial uses. The subject site is approximately 1.69 acres in size
and is bordered by Fanno Creek on the southwestern side. The site includes a 9,705
square font building and a partially paved parking lot which were developed in
approximately the late 1940'x.
The property's owners plan to demolish the existing structure currently used by A-Boy
Plumbing and Electrical Supply (a general retail sales use) and redevelop the site in two
(2) phases. The building will be razed in sections corresponding to progress on the
construction of the first phase of redevelopment of the site. The current proposal includes
development of a 16,995 square foot, single-story structure on the southwestern side of
the site for relocation of the A-Boy Plumbing and Electrical Supply operations. The plans
also propose a Phase 11 building on the northeastern corner of the site,. This building is
approximately 135,000 total square feet and is proposed to be two (2) stories with the first
story totaling approximately 5,800 square feet being used for general retail space. The
second story of the Phase Il building would be approximately 7,700 square feet and be
used as an office.
In addition, the applicant provided plans for a Phase III parking lot. Because the property
involved in Phase III was not part of the 1991 application, it cannot be included with this
application. The applicant may make a separate request for review of the parking lot at a
later date.
NOTICE OF DECISION SDR 98-0003 /A-BOY SITE RE-DEVELOPMENT PAGE 4 OF 12
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS;
Use Classification, The applicant is proposing to build two buildings, one is to be
used as a hardware sales use and the second is to be used for retail and/office use.
This use is classified in Code Section 18.42 (Use Classifications) as General Retail
Sales and Professional and Administrative Services. Section 18.66 includes a use such
as a hardware store as General Retail Sales. Professional and Administrative Services are
also permitted uses in the Central Business District.
Dimensional Regu rements; Section 18.66 states that there is no minimum lot area
in the Central Business Zoning District. There is no minimum lot width requirement
in the Central Business District zone. Developments within the Central Business
District are required to provide a minimum of 15% landscaping. The overall site size is
1.69 acres or 73,645 square feet. The applicant has proposed landscaping over 19% of the
site or 13,992 square feet.
Setbacks. Section 18.56 states that there are minimum building setbacks except that
30 feet shall be maintained where the site adjoins a residential zoning district. None
of the four (4) sides of the subject property abut a residential zoning district. Therefore, no
building setbacks are required.
Building Height: Section 18.66 states that maximum building height is 80 feet for the
non-residential uses in the Central Business District. The main roof line of both
buildings would be at approximately 30 feet in height. Certain non-habitable architectural
projections would extend to a maximum height of approximately 38 feet. For these
reasons, the buildings as proposed, are below the maximum 80-foot building height
permitted in the zone.
Street Trees: Section 18.100.033 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with Section
18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and
40 feet apart depending on the size classification of the tree at maturity (small,
medium or large). Of the total 328-foot property frontage, 288 feet is required to be
provided with street trees. The remaining frontage is within floodplain and access
easement areas. The landscape plan proposes eight (8) Ginko Biloba trees along the
site's SW Main Street frontage at various spacings. Based on their average height of up
to 50 feet at maturity, these trees are considered large species. Based on the 40-foot
maximum spacing, a total of eight (8) street trees are required to be provided to serve 288
feet of frontage, For these reasons, the landscape plan as proposed, is consistent with
the street tree planting standards.
Screening: Special Provisions: Section 18.100.110(A) requires the screening of
parking and loading areas. Landscaped parking areas shall include special design
features which effectively screen the parking lot areas from view. Planting materials
to be installed should achieve a relative balance between low lying and vertical
shrubbery and trees. Trees shall be planted in landscaped islands in all parking
areas, and shall be equally distributed on the basis of one (1) tree for each seven (7)
NOTICE OF DECISION SDR 98-1003 /A-SOY SITE ICE-DEVELOPMENT PAGE 5 OF 12
parking spaces in order to provide a canopy effect. The minimum dimension on the
landscape islands shall be three-feet-wide and the landscaping shall be protected
from vehicular damage by some form of wheel guard or curb. The applicant provided a
landscape plan to address these requirements. The landscape plan noted that the planter
areas were to vary in width between four (4) and ten (10) feet. Because 5 parking spaces
are proposed to be provided, the site would need to provide a minimum of 12 parking lot
trees. A total of 17 parking lot trees are proposed to be provided. For this reason, the
landscape plan complies with the minimum standard.
Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways or the
intersection of a public street and a private driveway. A clear vision area shall contain
no vehicle, hedge, planting, fence, wall structure, or temporary or permanent
obstruction exceeding three (3) feet in height. The code provides that obstructions
that may be located in this area shall be visually clear between three (3) and eight
feet in height (trees may be placed within this area provided that all branches below
eight (8) feet are removed). A visual clearance area is the triangular area formed by
measuring a 30-foot distance along the street right-of-way and the driveway, and then
connecting these two (2), 30-foot distance points with a straight line. The applicant
has not proposed to develop improvements within these areas. Therefore, the site and
landscape improvements comply with this standard as proposed.
Minimum Off-Street Parking: Section 18.106.030.0.26 requires a minimum of one (1)
parking space for each 1,000 square feet of gross floor area of Retail Sales; Bulky
Items, Furniture or Appliance Sales use. Section 18.106.030.0.7 requires a minimum
of one (1) parking space for each 350 square feet of gross floor area for
Administrative and Professional Office uses. Section 18.106.030.0.20 requires a
minimum of one (1) parking space for each 400 square feet of gross floor area of
General Retail Sales use. The applicant states that the proposed new A-Boy Plumbing
and Electrical Store use meets the definition of Retail Sales; Bulky Furniture and Appliance
Store use. The Director finds that because a substantial portion of the existing store is used
as a showroom and warehouse area for larger appliances, that the proposed store can meet
this definition. Based on its size of approximately 17,000 square feet, the applicant has
allocated 17 parking spaces of the proposed parking lot to be used for the hardware store
use.
As part of Phase II of redevelopment of the property, the applicant has assigned one (1)
parking space for each 400 square feet of gross floor area of the first floor, of the second
building. The proposed first story would measure approximately 5,800 square feet of retail
space which requires 15 parking spaces. The applicant has also assigned one (1) space for
each 350 square feet of area for the second floor of the Phase 11 building as office use. The
second story is 7,900 square feet of floor area which requires 23 parking spaces.
Therefore, a total of 55 parking spaces would be required for the entire development. The
applicant has proposed 80 parking spaces which complies with the minimum parking ratio
standard.
The applicant has proposed to develop 22 of the parking spaces as compact parking
spaces. This equals 40% of the total required parking spaces and for this reason,
complies with the minimum parking ratio standard.
NOTICE OF DECISION SDR 98-00031A-BOY SITE RE-DEVELOPMENT PAGE 6 OF 12
Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for
each 15 vehicular parking spaces in any development. Bicycle parking areas shall
not be located within parkin aisles, landscape areas, or pedestrian ways. Because a
minimum of 55 parking spaces are required to be provided, a minimum of four (4) bicycle
parking spaces are required. The applicant has provided seven (7) bicycle parking spaces
in an area next to a pedestrian walkway into the site and the sidewalk along SW Main
Street.
Off-Street Loading Spaces... Section 18.106.080 requires that buildings or structures
to be altered which receive and distribute material by truck shall provide and maintain
off-street loading and maneuvering space for buildings with more than 10,000 square
feet. A loading space was provided for the proposed A-Boy hardware store building that will
apparently provide a safe and efficient loading space area. Although over 10,000 square
feet in area, this standard does not appear to be applicable to the Phase 11 building. The
retail portion of the Phase 11 building would be less than 10,000 square feet.
Access: Section 18..105.080 requires that commercial and industrial uses which
require less than 100 parking spaces provide one (1) driveway. The driveway shall be
a minimum width of 30 feet and minimum pavement width of 24 feet. The applicant
proposes to provide a 0-foot paved width driveway to serve the proposed 85 parking
spaces in compliance with the minimum standard.
Walkways. Section 18.108.050(A) requires that a walkway be extended from the
ground floor entrance of the structure to the street that provides the required ingress
and egress. The site plan as proposed provides walkway connections from SW Main
Street to both main building entrances. In compliance with this requirement.
Signs: Section 18.114.130(0) lists the type of allowable signs and sign area permitted
in the Central Business District Zone. The applicant did not request a specific review of
signage for this development. Certain proposed building elevations show signage that
appears to comply with the wall sign standards.
Site Development Review - Approval Standards. Section 18.120.180(A)(1) requires
that a development proposal be found to be consistent with the various standards of
the Community Development Code. The applicable criteria in this case are Sections
18.42, 18.66, 13.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's
consistency with these Sections is reviewed in the following sections. The proposal
contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands),
18.02 (density Computations), 18.04 (Manufactured/Mobile Home Regulations) or 18.98
(Building Height Limitations: Exceptions), 18.144 (Accessory Use and Structures) or 18.150
(Tree Removal) which are also listed under Section 18.120.180.A.l. These Chapters are,
therefore, found to be inapplicable as approval standards.
Section 18.120.180(A)(2) provides other Site Development Review approval standards
not necessarily covered by the provisions of the previously listed sections. The
applicable portion of these other standards are addressed immediately below. The
proposal contains no elements related to the previsions of 18.120.180.(2)(A)(3) (Exterior
Elevations), 18.120.180.(2)(A)(5) (Privacy and Boise), 18.120.180.(2)(A)(6) (Private Outdoor
Areas: Residential Use), 18.120.180.(2)(A)(7) (Shared Outdoor Recreation Areas:
NOTICE OF DECISION SDR 98-o6w /A-Boy SITE RE-DEVELOPMENT PAGE 7 OF 12 pi
1
Residential Use), 18.120.180.(2)(A)(8) (100-year floodplain), 18.120.180.(2)(A)(9)
(Demarcation of Spaces), and are, therefore; found to be inapplicable as approval
standards.
Relationship to the Natural and Physical Environment: Section 18.120.180.(2)(A)(2)
states that buildings shall be located to preserve existing trees, topography, and
natural drainage and that trees having a six (6) inch caliper or greater, shall be
preserved or replaced by new plantings of equal character. No trees will need to be
removed to develop the property as proposed. Therefore this standard is not found to be
applicable. The applicant has proposed to maintain existing topography to the extent
possible given the development constraints with the proposed more intensive use of the
property. Natural drainage has also been maintained to the extent possible given the
intensity of the proposed development.
Buffering, Screening and Compatibility between adjoining uses: Section
18.120.180.(2)(A)(4)(a) states that buffering shall be provided between different types
of land uses. This standard is not found to be applicable because the site is immediately
adjoined by existing commercial uses on all or a portion of each side of the property. Where
the site does adjoin an existing single-family residential use to the east, the residential use
itself abuts SW Burnham Street and not the subject property. For this reason, screening
and buffering are not applicable.
Section 18.120.180.(2)(A)(4)(b) states that on-site screening from view of adjoining
properties of such things as service and storage areas, parking lots, and mechanical
devices on roof tops shall be provided. The parking lot is screened to the extent possible
due to the proposed placement of the buildings up to SW Main Street. Service and storage
areas are also screened from view to the extent possible by the proposed buildings. The
applicant did not provide details concerning the proposed ;screening of roof-top mechanical
equipment. The applicant shall submit a mechanical equipment screening plan. The
applicant shall also provide a screening plan for trash and recycling facilities.
Pedestrian Pathway: Section 18.120.180.(2)(A)(8) states that where landfill and/or
development is allowed within and adjacent to the 100-year floodplain, the City shall
require the dedication of sufficient open land area for greenway adjoining and within
the floodplain. This area shall include portions at a suitable elevation for the
construction of a pedestrian/bicycle pathway within the ftoodplain in accordance with
the adopted pedestrian/bicycle plan. As part of the stipulated judgment, the applicant
was required to comply with this standard by providing a pedestrian pathway easement that
is already dedicated to the City along the property frontage on Fanno Greek. This easement
area was shown on the applicant's site and landscape plan, in compliance with the Judge's
order.
Crime Prevention and Safety,' Section 18.120.180.(2)(A)(10) requires that exterior
lighting levels be selected and the angles shall be oriented towards areas vulnerable
to crime and shall be placed in areas having heavy pedestrian of vehicular traffic. The
applicant's plan provided a security lighting plan. The applicant proposes to provide a
25-foot tall, two (2) head pole with the development of Phase 1. Two (2) additional 5-foot
tall single-head poles and a third single-head light are to be provided as part of Phase 11.
NOTICE OF DECISION SDR 98-0003 IA-BOY SITE RE-DEVELOPMENT PAGE 8OF 12 1
Access: Section 18.120.180.(2)(A)(11) requires that site access meet the minimum
standards set forth in Section 18.108. Provisions for emergency vehicle access
circulation shall be addressed. Provisions for pedestrian ways and bicycteways shall
be provided if such facilities are shown on an adopted plan. The site has been
reviewed for compliance with the access standards set forth in Section 18.108 elsewhere
within this staff report. Emergency vehicle circulation access has been provided as a turn
around within the proposed parking lot. A detailed review and any required site
modifications will be completed prior to the issuance of building permits. The pedestrian
and/or bicycleway easement has been provided in compliance with the stipulated judgment.
Transit: Section 18.120.1 0(; )(A)(12) states that provisions within the plan shall be
made for transit based on the location of other transit facilities, the size and type of
proposal. The following facilities shall be required where applicable: bus stop
shelters, turnouts for buses and connecting paths to the shelters. Presently, SW Main
Street is transit served. Based on previous discussions with TRI-MET, the proposed
commercial development by itself would not warrant transit facilities. Also, an existing bus
stop is provided on the south side of S Main Street, west of the subject property.
Parking: Section 18.120.180.(2)(A)(13) requires that the standards of Section 18.108,
the Clear Vision standards of Section 18.102 and the .Access. Egress and Circulation
standards of Section 18.108 be reviewed. These standards are reviewed elsewhere
within this decision.
Landscaping Plan: Section 1.120.180.(2)(,A;)(14) requires that the applicant submit a
landscaping plan. This requirement has been satisfied as the applicant has submitted a
plan indicating the number, type, and location of trees and shrubs.
Drainage: Section 18.120.180.(2)(A)(15) requires that the applicant comply with the
adopted 1381 Master Drainage Plant. The Engineering Department has reviewed the
applicant's preliminary drainage proposal and is discussed elsewhere within this report.
Handicapped Accessibility Provisions: Section 18.120.180.(2)(A)(16) requires that the
handicapped facilities be designed in accordance with the requirements set forth in
Chapter 487 of the Oregon Revised Statutes. The provision for a handicapped
accessible walkway route from the street, and handicapped accessible parking has been
addressed preliminarily on the site and landscape plans. A detailed review for compliance
will be conducted prior to the issuance of building permits.
Signs: Section 18.120.180.(2)(A)(17) requires that the prior to the construction of any
signage that permits be obtained. The applicant has not requested sign permits through
this development review process.
Underlying Zoning Provisions: Section 18.120.180(2)(A).18 requires that an
application comply with the all other applicable standards of the provisions of the
underlying zone shall apply. The applicable 1991 development review standards have
been reviewed elsewhere within this report.
NOTICE of DECISION SDR 98-0003 to-BOY SITE RE-DEVELOPMENT PAGE 9 OF 12
PUBLIC FACILITY CONCERNS;
Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100
(Storm Drainage) shall. be satisfied. Water Service, Grading and Erosion Control
issues are also addressed below:
Streets:
The site is located on SW Main Street which is classified as a major collector street. The
street i fully improved with curbs and sidewalks along the site frontage. The City has also
completed certain paving improvements on Main Street within the last two years.
There are three existing curb cuts along the frontage of this site that will be abandoned
with this project. A new commercial driveway will be constructed to serve the site. In
addition, there are portions of the existing curb and sidewalk that are damaged. The
applicant should be required to replace any existing sidewalks and curbs which are
damaged or in poor repair and reconstruct the existing curb cuts which will be abandoned.
The applicant's plans indicate that they will repair the pavement, curb and sidewalk where
the existing driveways will be removed.
At present, there is approximately 80 feet of right-of-way (ROW) along SW Main Street,
which is adequate for a major collector street. However, the City's surveyor, as well as the
applicant's engineer, discovered that the existing sidewalk fronting the applicant's property
lies partially on the applicant's property. Staff believes the reason for this is due to the
original roadway improvements not being fully centered within the ROW. Staff has
discussed this issue with the applicant's engineer and has suggested that a public
sidewalk easement be granted to the City in lieu of dedicating additional ROW. The
applicant's engineer indicated that this would likely be a good solution.
Street trees are required to be installed along the frontage of a public street in accordance
with TMC 18.100.030. The applicant's plans indicate that they plan to install street trees
along the frontage of the site. Installation of these trees shall meet the provisions of TMC
18.100.085. The applicant proposes to install the trees within the sidewalk in tree wells
which are allowed by 18.100.035(12)(a). Final location of the street trees and the design
of the tree wells shall be approved by the City Engineer as a part of the Street Opening
Permit review.
Water:
There is an existing public water line in Main Street that presently serves this site. The
applicant's plans indicate that two new services will be requested for the new buildings.
Water services are installed by the City Water Division once the applicant applies for water
service.
Sanitary Sewer:
There are two existing public sanitary sewer trunk lines that cross this site in existing
easements. One line is 24 inches in diameter and lies within a 10-foot public sanitary
sewer easement. The other line is 60 inches in diameter and lies within a 30-foot public
sanitary sewer easement. Both sewer trunk lines are maintained by USA. Any connection
to either line will require a permit from USA.
NOTICE OF DECISION SDR 98-0003 WBOY SITE RE-DEVELOPMENT PAGE 10 OF 12
The site plan indicates that both buildings will be constructed outside of the easement
limits, which was a concern when the City reviewed the previous site development review
in 1991 (SDR 91-0005). The applicant's plans do not clearly indicate where the private
sewer laterals for the buildings will connect to a sewer trunk line. Prior to construction, the
applicant will need to obtain a permit from USA to allow connection into one of the sewer
trunk lines.
Storm Drainage:
Fanno Creek lies to the south of this site. The applicant plans to direct the storm water
from this site into the creek. The outfall location on the plans i not very well detailed.
Staff will need to review the final construction plans to ensure that the outfall will be
constructed at the bank of the creek in a suitable location. The outfall construction shall
include any necessary erosion prevention, such as rip-rap, and shall be inspected by the
City upon completion.
Storm Water Quality.
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) adopted by Resolution and Order No.
95-44 which require the construction of on-sits water quality facilities. However, in
accordance with the recent court decision related to this site, the City will review this issue
under the rules that were in place in 1991, which were USA Resolution and Order No. 90-
4. Under that R&O, developers had a choice between constructing on-site water quality
facilities or paying fees in-lieu of their construction. In the 1991 decision, the City was of
the opinion that this site would qualify for the fee in-lieu. Therefore, the fee in-lieu will be
required.
Grading and Erosion Control.
USA Design and Construction Standards also regulates erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required to
submit an erosion control plan for City review and approval prior to issuance of City
permits.
SECTION V. OTHER STAFF COMMENTS
Due to the timing required to issue this decision, no comment period was provided.
SECTION A AGENCY COMMENTS
Due to the timing required to issue this decision, no comment period was provided.
NOTICE OF DECISION SDR 98-0003 /A-BOY SITE RE-DEVELOPMENT PAGE 11 OF 12
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to;
X The applicant and the presiding judge.
Final Decision.
THE DECISION SHALL BE FINAL ON MONDAY MARCH 2, 1998.
UNLESS AN APPEAL IS PILED.
Appeal:
The applicant or the judge may appeal this decision in accordance with Section
18.32.294(A) and Section 18.32,340 of the City of Tigard Community Development Code
which provides that a written appeal mast be filed. The deadline for filing an appeal is
specified below. The appeal fee schedule and appeal form are available and can be
obtained from the Community Development Department ;r Planning Division at Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING OF AN APPEAL, IS 3.30 P.M. ON MARCH 2,1998.
Questions:
If you have any questions, please call the City of Tigard Planning Division or Community
Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at
(533) 639-4171.
71 , February 20, 1998
PREPARED BY. Mary Roberts DATE
Associate Planner, AICP
2~k z"), 16. February 20, 1998
APPROVED BY: Richard ewersdorff DATE
Planning Manager
J AGURPLN\MARK_R39DR98-o9. D EC
NOTICE OF DECISION SDR 98-000$ /A-BOY SITE RE-DEVELOPMENT PAGE 12 OF 12
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