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DIR1998-00003 c ul August 20, 1998 CITY OF TIGARD OREGON Doug Mull, President Dolphin Development, Inc. 15664 SW Talus Way Beaverton, OR 97009 -8455 RE: Interpretation of Development Code for Proposed Mixed Use Development in Tigard Triangle Dear Doug: This is in response to your written request for a Director's Interpretation on building height exceptions in the Mixed Use Employment district and the arterial street frontage requirements of the Tigard Triangle. The following comments are directed toward your proposed Dolphin Plaza development for which a pre - application conference was held on August 6, 1998. Building Height You are proposing one five story, 62 -foot high building to include parking at grade, two levels of office space and three levels of condominium dwellings. Section 18.67.050 of the Tigard Community Development Code contains the dimensional requirements of the Mixed Use Employment (MUE) zoning district. Subsection A provides that dimensional requirements for mixed use developments shall be the same as the General Commercial (C -G) district. The maximum building height in the C -G district is 45 feet, except as provided in Chapter 18.98, Building Height Limitations: Exceptions. Section 18.98.020.A provides three criteria that must be satisfied to permit a building in a non - residential zone to be built to a maximum height of 75 feet. Criterion 2 requires that the yard dimensions surrounding the building are equal to at least half the height of the building. This directly conflicts with the maximum 10 -foot setback of the Triangle Design Standards. Section 18.67.070 states that where a Triangle Design Standard conflicts with a standard found elsewhere in the Code, the Triangle Design Standards shall govern. Therefore, when a height exception is requested for a project within the Tigard Triangle, the 10 -foot maximum setback of the Triangle Design Standards overrules the standard under Section 18.98.020.A.2. The remaining two height exception standards under this section must still be met for height exception approval. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 -age o Frontage on Arterials You are proposing a site layout that provides buildings adjacent to the SW Dartmouth Street frontage (a Major Arterial) and the future SW Atlanta Street frontage (a Minor Arterial). Section 18.67.070.B.1, requires that buildings occupy a minimum of 50% of all street frontages along Major and Minor Arterial Streets. Staff reads this to mean that the 50% threshold is calculated for the site as a whole, not separately for each arterial street frontage. Your proposed site design indicates that buildings will occupy 100% of the 343 -foot SW Dartmouth Street frontage and 43% of the 580 -foot SW Atlanta Street frontage. This equates to 592 feet or 64% of the site's 923 -foot combined Arterial Street frontage. I hope that this interpretation helps to clarify these areas of the Tigard Triangle Design Standards and assists you in any further decisions in regard to development of this site. Sincerely, 6 James N. P. Hendryx Director of Community Development i:\curpin\mjr\jh_intrp.doc c: - Director's Interpretation File Dolphin Dvlpmnt. Pre -App. Conf. Notes 8/20/98 Doug Mull, Dolphin Dvlpmnt. Page 2 of 2 Re: Tigard Triangle Design Standards Interpretation DATE: 8/20/1998 CODE SECTIONS: 18.67.050 [TOPIC :I Tigard Triangle: MUE Zone Building Height I '+ 6 - ,' INTERPRETATION: Building Height: You are proposing one five -story, 62 -foot high building to include parking at grade, two levels of office space and three levels of condominium dwellings. Section 18.67.050 of the Tigard Community Development Code contains the dimensional requirements of the Mixed Use Employment (MUE) zoning district. Subsection A provides that dimensional requirements for mixed use developments shall be the same as the General Commercial (C -G) district. The maximum building height in the C -G district is 45 feet, except as provided in Chapter 18.98, Building Height Limitations: Exceptions. Section 18.98.020.A provides three criteria that must be satisfied to permit a building in a non - residential zone to be built to a maximum height of 75 feet. Criterion 2 requires that the yard dimensions surrounding the building are equal to at least half the height of the building. This directly conflicts with the maximum 10 -foot setback of the Triangle Design Standards. Section 18.67.070 states that where a Triangle Design Standard conflicts with a standard found elsewhere in the Code, the Triangle Design Standards shall govern. Therefore, when a height exception is requested for a project within the Tigard Triangle, the 10 -foot maximum setback of the Triangle Design Standards overrules the standard under Section 18.98.020.A.2. The remaining two height exception standards under this section must still be met for height exception approval. Frontage on Arterials: You are proposing a site layout that provides buildings adjacent to the SW Dartmouth Street frontage (a Major Arterial) and the future SW Atlanta Street frontage (a Minor Arterial). Section 18.67.070.B.1 requires that buildings occupy a minimum of 50% of all street frontages along Major and Minor Arterial Streets. Staff reads this to mean that the 50% threshold is calculated for the site as a whole, not separately for each arterial street frontage. Your proposed site design indicates that building will occupy 100% of the 343 - foot SW Dartmouth Street frontage and 43% of the 580 -foot SW Atlanta Street frontage. This equates to 592 feet or 64% of the site's 923 -foot combined Arterial Street frontage.