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CPA2008-00013
120 DAYS =N/A . DATE MAILED: 04/17/2009. t �� EXHIBIT,. ._ CITY OF TIGARD ' Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Numbers: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 ZONE CHANGE (ZON) 2008-00007 LOT LINE ADJUSTMENT (MIS) 2008-00016. MINOR MODIFICATION(MMD) 2008-00026 Case Name: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL Applicant's Name/Address: Tigard-Tualatin School District(TI'SD) 23J 6960 SW Sandburg Street Tigard,OR 97223 Owner's Names/Addresses: Metzger Ventures,LLC PO Box 400 Sherwood,OR 97140 and TTSD 23J Address of Property: 7800 and 7950 SW Durham Road Tigard,OR 97224 Tax Map/Lot Nos.: Washington County Tax Assessor's Map 2S113BA,Tax Lots 200 and 401. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT, ZONE CHANGE, LOT LINE ADJUSTMENT, AND A MINOR MODIFICATION(ORDINANCE NO. 09-04). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE 'TESTIMONY ON MARCH 16, 2009 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE '1ESTIMONY ON APRIL 14, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request: Approval for a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. At the,4/14/09 City Council public hearing, the Council unanimously approved this request,subject to conditions of approval(Ordinance No. 2009-04). ZONES: R-12: Medium Density Residential District and I-P: Industrial Park District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Histonc Overlay, 18.745 Landscaping and Screening; 18.765,Off-Street Parking and Loading Requirements;Comprehensive Plan Goal # 1,Citizen Involvement;Goal#2,Land Use Planning;and Goal#9,Economic Development;and Goal# 10,Housing. Action: D ❑ Approval as Requested ® Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON MAY 14, 2009. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Ouestions: Call the City of Tigard Planning Division or the City Recorder at(5031 639-4171. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- 0 y AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013)AND ZONE AMENDMENT (ZON2008-00007), CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM DENSITY RESIDENTIAL (R-12) ZONE TO INDUSTRIAL PARK (I-P); AND APPROVING A LOT LINE ADJUSTMENT (MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND SCREENING, SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401. WHEREAS, Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the Tigard-Tualatin School District 23J obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school;and a settlement agreement between the School District and Mr. Metzger included the proposed request in this application;and WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050,using standards of approval contained in Subsection 18.380.030.B;and WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the Commission to make a recommendation to the Council on an application for a Comprehensive Plan Map Amendment;and WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires demonstration of compliance with all applicable Comprehensive Plan Policies and map designations; and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinances;and WHEREAS,Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in the Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application;and WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the Commission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and Guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; and any applicable Metro regulations;and WHEREAS, the Tigard Planning Commission held a public hearing on March 16, 2009, and recommended approval of CPA2008-00013/ZON2008-00007 and Lot Line Adjustment (MIS2008-00016) and Minor Modification (MIMD2008-00026)by motion with a unanimous vote in favor;and ORDINANCE No. 09-Q / Page 1 • WHEREAS, the Tigard City Council held a public hearing on April 14, 2009, to consider the request for a quasi-judicial Comprehensive Plan and Zone Map Amendment, Lot Line Adjustment,and Minor Modification and determined that the amendments and development proposals will not adversely affect the health, safety and welfare of the City and meet all applicable review criteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment (CPA2008-00013) and Zone Change (ZON2008-00007) are hereby approved by the City Council. SECTION 2: Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) are hereby approved by the City Council, subject to the conditions of approval in the February 27,2009 Staff Report to the Planning Commission. SECTION 3: The attached findings in the February 27, 2009 Staff Report to the Planning Commission are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By / ' vote of all Council embers present after being read by number and title only,this /4" day of ,2009. Carol A.Krager,Deputy City Recdfi'der APPROVED: By Tigard City Council this 1 ` day of ,2009. Craig irksen,Mayor Approved as to form: _ , / V f ttomey L/// /.2a a y Cartified to be a True Copy of Original on File Date By: g4,0.7 Deputy Recorder - City of mgard Date: aDD ORDINANCE No. 09-0 Y Page 2 • EXHIBIT A • } f� Agenda Item: 5 , 1 Healing Date:March 16,2009 Time: 7:00 PM STAFF REPORT TO THE po PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS =NA SECTION I. APPLICATION SUMMARY FILE NAME: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment(CPA) CPA2008-00013 Zone Change (ZON) ZON2008-00007 Lot Line ustment(MIS) MIS2008-00016 Minor Mo�ication .) MMD2008-00026 PROPOSAL: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment,lot line adjustment,and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing.the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. Pursuant to the Oregon Circuit Court Immediate Possession Omer(Case Na C074583CV), the School District obtained an access easement aayss Tax Lot 200 for a new aces drize to Durham Elementary schcoL Access had bin from SW Sher Lane railer an easemen agreement across Clean Water Seivices (CWSJ�for a period 4€20 without an op for renezeaL A settletrent agran nt betzeeen the Schaal Dictrut and Mr.Metzger iduda the proposed roquest in this application APPLICANT/ Rob Saxton OWNER: David Metzger OWNER: Tigard-Tualatin School District 23J Metzger Ventures,LLC 69b0 SW Sandburg Street PO Sox 400 Tigard,OR 97223 Sherwood,OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by'SW Durham Road on the north and Fanno Creek on the south; Washington C.ounty Tax Assessor's Map 2S113BA,Tax Lots 200 and 401,respectively. CURRENT ZONE/ COMP PLAN DESIGNATION: R 12(HD): Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional.uses are also permitted • conditionally. The purpose of the Historic District overlay is to facilitate the STAFF REPORT TO THE PLANNING C M IISSION MARCH 16,2009 PUBLIC HEARING Q>A2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 1 OF 17 • 4110) protection enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social,economic, political and architectural history. The current Comprehensive Plan Designation is Public Institution. PROPOSED ZONE/ • COMP PLAN DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, -office and small-scale commercial uses, e.g.; restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review,design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. The proposed Comprehensive Plan Designation is Light Industrial. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18510,Residential Zoning Districts; 18.530, Industrial Zoning Districts; 18.705 Access, E ress and Circulation 18.740 Historic Overlay, 18.745 Landscaping_ nd Screening; 1.765, Off-Street Parkingg a�n�nd Loading Requirements; 18.790, ree Removal; 18.810, Street and Utili Improvement; Comprehensive Plan Goals, #1, Citizen Involvement; Goal#2, Latit . Use Planning;Goal#9,Economic Development); and Goal#10,Housing. • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification,subject to proposed conditions of approval. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED LOT LINE ADJUSTMENT AND MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY SITE PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify-where e in the submittal the required information is found: 1. Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City to be incorporated into the record. The applicant shall submit the copy of the recorded lot fine adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. 2. The applicant shall either apply for a variance to the buffer standards or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4,subject to review and approval by the City Arborist and the Project Arborist. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/1v1IS2008-00016/MMD2008-00026 PAGE 2 OF 17 • 4� • 3. The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. 4. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing,determine if any changes occurred to the TPZ,and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection,the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. . Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 6. Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 7. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, 503-718-2434) for a final site review to ensure consistency with this land use decision. SECTION III, BACKGROUND INFORMATION Site History Tax Lot 401 is mostly vacant land, improved with a playground and access to Tax Lot 300 to the west, which is the site of the Durham Elementary School and the historic Durham Center. Staff found the followin g land use decisions applicable to Tax Lot 401: CUP91-00001 allowed the placement and use of a portable classroom structure;CUP95-00006 allowed addition of 39,135 square feet to an existing school of 23,830 square feet; SLR2001-00001 allowed the use of a 1/3-acre parcel between Fanno Creek and Durham School as an outdoor nature investigation and observation site; MMD95-00001 allowed the portable classroom relocation; MMD2000-00011 allowed an educational structure; MMD2007-00019 allowed the construction of a replacement playground. Tax Lot 200 to the east of the school site has been improved under the following permits: SDR98-00004 approved the construction of a 21,000 square foot office/warehouse/manufacturing building (Metzger Building). SDR2000-00016 approved new construction of a 10,320 square foot addition to the Metzger building;Jackson Business Center). STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 3 OF 17 1 •' Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for an access drive permitted under CUP2007-00004. An agreement between the parties resulted in this application to compensate the owners of Tax Lot 200 for the loss of 11 parking spaces. Vicinity Information The subject site is bounded by Clean Water Services facilities on the south and west, R-12 residential development to the north across SW Durham Road, and commercial/industrial uses on property zoned industrial park adjacent to ODOT railroad right-of-way and Fanno Creek on the east and south. Access to the site is limited to SW Durham Road. Site Information and Proposal Description The subject site is zoned R-12 and I-P, has a Comprehensive Plan Designation of Public Institution and Light Industrial, respectively, and is located south of Durham Road between SW Hall and SW 79th Avenue. The site contains the Durham Elementary School built in 1989 and the historic Durham Center. Since 1989, the access to the school was provided by SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The zone change also involves a comprehensive plan map amendment from Public Institution to Light Industrial. The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to I-P also involves a comprehensive plan map amendment from Public Institution to Light Industrial (the Light Industrial designation serves both the I-P and I-L zones). Therefore,the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations: STAFF REPORT TO TI-IE PLANNING COMMISSION MARCI-I 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 4 OF 17 • COMPREHENSIVE PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on October 24, 2008 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting,no people attended. In addition, the City has mailed notice of the Planning Commission and City Council hearings to property owners within 500 feet of the subject site, interested citizens,and agencies,published notice of the hearing in the newspaper, and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. LAND USE PLANNING Goal 2.1 To establish a land use planning process and policy framework as a basis for all decision and action related to use of land and to assure an adequate factual base for such decisions and actions. The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals,policies and procedures for reviewing and evaluating land use requests. The comprehensive plan amendment and zone change will be reviewed through the City's Type IV process and will be reviewed in relation to the methodology and intent of the plan, its applicable goals, policies, and the Comprehensive Plan and Zone Amendment criteria. ECONOMY Goal 9.1 Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P).The area will be developed with 10 parking spaces for the Business Center. Approving the request .through this comprehensive plan amendment application demonstrates the flexibility of the City's land use practices to sustain the existing economic development activity in the Jackson Business Center. HOUSING Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. STAFF REPORT'10 THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 5 OF 17 i y I The subject site is designated medium density and is located adjacent to SW Durham Road, an arterial street on the City's Transportation System Plan. However, historically the subject site has been used for schools as a conditional use in the residential zone. Recent improvements, including the new driveway access,playground, and parking lot improvements demonstrate continued use of the subject site for school purposes. In addition, the amount of land (3,153 square feet) proposed to be rezoned from R-12 to I-P is minimal, representing an area that would support only one single-family dwelling under the R-12 zone. Goal 10.2 Maintain a high level of residential livability. Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The existing development on Tax Lot 200 (Jackson Business Center) provides a D-2 buffer between the parking lot and the school field to the west in excess of the required C level buffer. The applicant proposes to replace this buffer and screening to the west of the proposed parking spaces. FINDING: As demonstrated above,-the proposed zone change is consistent with the applicable Comprehensive Plan policies. The change in the Comprehensive Plan Designation from Public Institution to Light Industrial would ensure consistency with the amended zone. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance: The applicant proposes to adjust the lot line between Tax Lots 200 and 401 and to improve the lot line-adjusted area with 10 parking spaces and landscaping as a minor modification to the existing Jackson Business Center development. The following development standards of the Tigard Development Code apply to these proposed improvements. TIGARD DEVELOPMENT CODE SITE DEVELOPMENT RENEW(18.360) Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. • Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: An increase in dwelling unit density or lot coverage for residential development. The proposed change would replace ten parking spaces to the lot line adjusted Jackson Business Center property. The change would not involve any residential uses.This criterion for a major modification is not met. A change in the ratio or number of different types of dwelling units. The change would not involve any residential uses. This criterion for a major modification is not met. A change that requires additional on-site parking in accordance with Chapter 18.765. STAFF REPORT TO TII:PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE.6 OF 17 The proposed change of 10 parking spaces replaces eleven parking spaces removed as a consequence of the District's condemnation proceeding. No additional on-site parking is otherwise required. This criterion for a major modification is not met. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. An increase in the height of the building(s) by more than 20 percent. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Ten parking spaces are proposed for the western edge of the Jackson Business Center property located south of the new driveway to the Durham Elementary School. Construction of these spaces will not affect off-site traffic.This criterion for a major modification is not met. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. , The proposed parking is replacement parking. No increase in vehicular traffic is expected as a result of the parking improvement.This criterion for a major modification is not met. An increase in the floor area proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No floor area is proposed. This criterion for a major modification is not met. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount,of the landscaping on the Jackson Business Center property by 593 square feet.This criterion for a major modification is not met. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As discussed in the previous finding, no reduction in open space would occur with the proposed lot line adjustment and parking improvements. In addition, the applicant proposes to reconstruct the required parking lot landscaped buffer and screening in the lot adjusted area west of the parking lot expansion maintaining the existing landscaping improvement.This criterion for a major modification is not met. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. On review of the original permits (SDR98-00004 and SDR2000-00016), the proposed improvements do not modify any of the conditions of approval that are not the subject of above criteria. This criterion for a major modification is not met. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 7 OF 17 • A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that 1) The proposed development is in compliance with all applicable requirements of this title, and 2)The modification is not a major modification. FINDING: Pursuant to section 18.360.050 and the analysis above, the proposed parking improvement is a minor modification to the existing Jackson Business Center development As reviewed below in this staff report the proposed development is in compliance with all the applicable requirements of this title and maybe approved. LOT LINE ADJUSTMENTS (18.410) The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The applicant is a requesting approval of a lot line adjustment between Tax Lot 200 (Jackson Business Center property) and Tax Lot 401(School District property) on tax map 2S113BA. The area of the adjustment is 3,135 square feet. Tax Lot 200 is 2.5 acres and would be 2.57 acres after the adjustment. Tax Lot 401 is 2.79 acres and would be 2.72 acres after the adjustment. An additional parcel is not created by the proposed adjustment. The minimum lot size in the R-12 zone is 3,050 square feet. Therefore, the proposed reduction is consistent with this standard. By reducing the lot size,the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Playground equipment is present in the vicinity of the proposed lot line adjustment on Tax Lot 401. The equipment would be approximately 28 feet from the adjusted line, consistent with the ten foot side yard setback requirement in the R-12 zone. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b) The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d) Setbacks shall be as required by the applicable zoning district. The width, area, and setbacks of the subject lots are consistent with the standards of their respective zoning districts as described below in the findings for Zoning Districts. Both lots front on SW Durham Road: Tax Lot 401 for approximately 240 lineal feet and Tax Lot 200 for approximately 380 lineal feet, consistent with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant does not propose additional access with the existing parking lot layout. Therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common drive is not proposed with this lot line adjustment. The common drive for Tax Lots 200 and 401,approved under CUP2007-00004,is consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCEI 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 8 OF 17 •} . • Any accessway shall comply with the standards set forth in Chapter 18.705,Access,Egress, and Circulation. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004, is consistent with the Access, Egress, and Circulation standards. 18.410.050 Recording Lot Line Adjustments A. Recording requirements. Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City,to adjustment incorporated into the record. B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 5 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. A condition of approval will ensure the applicant records the lot line adjustment with the County and provides the City with a copy of the survey map in a timely manner. FINDING: As described above, the proposed lot line adjustment is consistent with the applicable lot line adjustments standards, subject to the following condition of approval. CONDITION: Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. RESIDENTIAL ZONING DISTRICTS (18.510) The list of permitted, limited,conditional and prohibited uses in residential zones presented in Table 18.510.1, includes "non-accessory parking" as a conditional use when associated with transit-related facilities. The proposed use is replacement parking for the existing industrial development caused by the condemnation of a portion of Lot 401 for access to the Durham school. Non-accessory parking is not an allowed use in the R-12 zone; therefore, a lot line adjustment and zone change is sought with this application. All development must comply with:1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.510.2, and 2) all other applicable standards and requirements contained in this title. This table is combined with Table 18.530.2, below to show compliance with the applicable development standards. INDUSTRIAL ZONING DISTRICTS (18.530) A list of permitted, limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. Upon approval of the rezoning of the subject site from R-12 to I-P, the proposed parking lot expansion would be permitted outright in the I-P zone as an accessory use to the existing industrial-development. 18.530.040 Development Standards All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.530.2, and 2) all other applicable standards and requirements contained in this title. STAFF REPORT 1O THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MM D2008-00026 PAGE 9 OF 17 • STANDARD I-P R-12 PROPOSED MP/SP I-P/R-12 Minimum Lot Size None 3,050 sq.ft. na/2.72 acres Minimum Lot Width 50 ft. None na Minimum Setbacks Front yard 35 20/15 ft na Side facing street on corner&through lots 20 20/10 ft na Side yard 0/50 10/5 ft na/28 • Rear yard 0/50 20/15 ft na Maximum Height 45 ft. 35 ft. na Maximum Site Coverage[21 75%[51 80% 76%/<80% Minimum Landscape Requirement 25%[6] 20% 24%/>20% [2]Includes all buildings and impervious surfaces. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. The R-12 zoned property is not currently used for multi-family or single-family housing, but includes the access drive and playground equipment for Durham Elementary School. The proposed adjustment of 3,153 feet does not alter the lots compliance with the above criteria. The resulting parcel is 2.72 acres in size. Structures on the lot consists of playground equipment,which is located approximately 28 feet from the re-located property line, in compliance with the applicable side yard setback requirement. A majority of the site is used as a field for the elementary school. Therefore, the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirements of 20%. The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres. There is no minimum lot size requirement; therefore, this lot is in compliance with the zone.The adjustment does not modify the width of the lot at the street. Therefore the lot remains in compliance with the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone as the adjustment moves the western lot line away from the building increasing the side yard setback. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business center property by 593 square feet. FINDING: As described in analysis above, the proposed project meets the applicable requirements of the respective zoning districts. Other applicable standards and requirements contained in this title are addressed further in this report. ACCESS,EGRESS AND CIRCULATION (18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant submitted a plan set (Exhibit A) and narrative that addresses the access and egress standards, consistent with this standard. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1) Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to estabhsh the joint use; and 2) Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 10 OF 17 _ . •.) • The applicant provided a joint use and maintenance agreement between the School District and Mr. Metzger for the access over the Jackson Business Center property as a condition of approval of CUP2007-00004. Therefore,this standard has been met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Durham Road, a public street. The existing access provided through the condemnation proceeding, pursuant to CUP2007-00004, connects directly with this street at the intersection of SW 79th Avenue,consistent with this standard. FINDING: The proposed parking lot expansion and associated buffer and landscaped screening are consistent with the applicable access,egress and circulation standards. HISTORIC OVERLAY(18.740) 18.740.020 Applicability of Provisions Designated areas:The historic overlay district shall apply to the following sites and areas: Historic sites and areas; Cultural sites and areas; and Landmarks A portion of the subject site, Tax Lot 401, is designated R-12 with a Historic Overlay (HD) zone. The Historic District contains the historic Durham Elementary School on an adjacent tax lot approximately 400 lineal feet from the proposed parking lot improvements. Designated activities. The provisions of this chapter apply to the demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and the exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. FINDING: The proposed lot line adjustment would not affect the historic overlay zone. Upon --appr-oval-of--the—lot.line-adjustmenti-the-ovelay-zone-would-continue to-apply-to-the---- ------- .- - property subsequently zoned I-P. The proposed improvements to the newly zoned site include the expanded parking lot and associated buffer and landscaped screening. Due to the distance from the historic resource and the nature of the improvements,as indicated in the applicant's plan set and narrative, the proposed new construction would not affect the architectural character of the resource, consistent with the purposes and standards of this chapter. LANDSCAPING AND SCREENING (18.745) Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. Pursuant to the Buffer Matrix in Table 18.745.1, the proposed parking requires C- Level buffering between parking lots and land zoned for residential use. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses;A buffer area may only be occupied by utilities, screemng, sidewalks and bikeways, and�landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by.the City; The applicant's Landscape Plan (Sheet L1.0) shows the proposed berm and landscape area within a 15- foot buffer, in excess of the 6 to 10 foot buffer requirement. A note on the plan states the applicant's intention to conform to the applicable landscape planting,standards. However, the applicant's narrative states that required screening rees would not be planted within the buffer because of a perceived conflict with the existing sequoias. The City's Arborist has commented that the applicant apply for a variance to the buffer standards pursuant to Section 18.745.050.F.2. In addition the City Abborist expressed concern that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias and suggests that the final landscape plan to be reviewed and approved by the project arborist and himself. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 11 OF 17 �) Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features, which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. The applicant proposes to screen the ten additional parking spaces using a berm and raised planters by moving the existing walls and plantings 20 feet to the west of their current location. By protecting the existing sequoias er the project arborist's recommendations (Tree Care and Landscapes Unlimited, 'Tree Protection Plan, dated November 10, 2008) and incorporating them into the parking lot design as shown in the Grading Plan(Sheet C4.0) and Landscape Plan(Sheet L1.0),these standards are met. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: • The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4. subject to review and approval by the City Arborist and the Project Arborist. o The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. o The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or. maintain tree protection fencing in the • designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. o The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. OFF-STREET PARKING AND LOADING(18.765) Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant has submitted a narrative and site plan (Sheet C3.0) showing how access, egress, and circulation requirements are fulfilled, consistent with this standard. Location of vehicle parking: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008.00016/MMD2008-00026 PAGE 12 OF 17 • • Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve; measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4) Long-term spaces. The proposed parking is replacement parking resulting from the School District's condemnation fproceeding. The parking is proposed south and adjacent to where the original eleven spaces were removed or the school driveway. Upon adjustment of the proposed lot line, the location for the replacement parking will be on the Jackson Business Center site, consistent with this standard. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. According to the applicant's narrative, the existing parking lot includes adequate ADA spaces. Pursuant to SDR2000-00016, a minimum of 41 parking spaces are required. Two existing ADA parking spaces are provided as indicated on the site plan (Sheet C.30) ,consistent with this standard. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators According to the applicant's narrative, the proposed parking lot will contain a total of 102 spaces. Therefore, standard is not applicable. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by a two-way private access drive. The proposed design allows room for vehicles to turn around and enter the street so that no backing movement will be required,consistent with this standard. Parking lot landscaping: Parking lots shall be landscaped in accordance with the requirement of Chapter 18.745 This standard is addressed above in the Landscaping and Screening section of this report. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's narrative states all areas and parking spaces are marked and signed to show direction of flow and maintain vehicular and pedestrian safety,consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 13 OP 17 • • •) • Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants site plan (Sheet C3.0) does not show any wheel stops in the proposed parking areas. According to the applicant's narrative, proposed parking spaces contain an area 3-feet deep to be landscaped beyond the curb. The plan set shows the space depth is 18.5 feet to the curb. Therefore, this standard has been met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans dimension the proposed parking spaces to show that 10 spaces will conform to standard sized spaces.The applicant's site plan shows a 24-foot wide isle,consistent with this standard. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The proposal does not change the size of the floor area on which the number of bicycle spaces is determined. Therefore, this standard is not applicable. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The applicant states that, pursuant to SDR2000-00016, 41 parking spaces are required with no maximum limit for light manufacturing uses. The applicant states that the site has 101 parking spaces, consistent with this standard. FINDING: As described above, the off-street parking and loading standards have been met. TREE REMOVAL (18.790) Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan conducted by Kay Kinyon, a certified arborist. The report contains the four required components, and is therefore acceptable. The applicant identifies six sequoias in the vicinity of the proposed parking area. All six are proposed to be retained and protected under the terms set out in the applicant's arborist report. - STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA 2008-00013/7ON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 14 OF 17 Pursuant to 18.790.040, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Not all of the standards of the Tree Removal Chapter have been met. However, with the following condition of approval,the standards can be inet. CONDITION: Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. STREET AND UTILITY IMPROVEMENT STANDARDS (18.810) Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for . storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design-and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The proposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. • STAFF REPORT TO TI-IE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/MIS2008-00016/MMD2008-00026 PAGE 15 OF 17 • • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommodate the additional impermeable surface. No additional treatment is required. FINDING: As discussed above, the applicable street and utility standards have been met As reviewed above, the proposed lot line adjustment between Tax Lots 200 and 401, 10-space parking lot expansion,and landscaping and screening as a minor modification to the existing Jackson Business Center development is consistent with the applicable Tigard Development Code standards, consistent with Section 18.380.030.B.2. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. FINDING: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school. Access had been provided from SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for • renewal. A settlement agreement between the District and Mr. Metzger included the proposed request in this application. The condemnation proceeding represents a change in the neighborhood, consistent with this standard. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be for denial,approval,or approval with conditions. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Arborist reviewed the proposal and provided comments that have been incorporated in the findings of this report. Clean Water Services reviewed the proposal and determined that the project will not significantly impact the existing or potentially existing sensitive areas found near the site. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MIvDD2008-00026 PAGE 16 OF 17 • l • SECTION VI. CONCLUSION AND RECOMMENDATION CONCLUSION: Based on the foregoing findings, staff finds that the proposed Comprehensive Plan and Zoning Map Amendment is consistent with applicable provisions of the Tigard Comprehensive Plan, statewide planning goals, Tigard Development Code, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application and may be approved. In addition, based on the foregoing findings, staff finds that the proposed lot line adjustment and minor modification are consistent with the applicable standards of the Tigard Development Code and may be approved, subject to recommended conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed comprehensive plan amendment and zone change. Also recommended for APPROVAL are the lot Line adjustment and minor modification, subject to proposed conditions of approval. c4, :::L , 6_, p February 27 . 2009 PREPARED BYGaiy Pag nstecher DATE Associate Planner r /� 'U., cC d j-------,_ February 27.2009 APPROVED BY: Dick Bewers DATE Planning Man ger • is\curpin\gary\CPA\)acksonDurham Elem(CPA2008-00013)stuff report • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 17 OF 17 . . • .1 ' .•....--,,,,,,, , ; . . VICINITY MAP, iniarlfili 111111111P1/1111-41511; A111/411::', ....',_.::. OP is :.: -.;`:::::,:'. LANGTREE..ST .1... ik, 4 ,u; ..moim imili El ' mi .... Fetiidsiiaice ivooiis..'it. . — II MINIM imi NIL Aimmorrillia z. CPA2008-00013/ZON2008-00007 • 2 OK ar Alall-, NMI .I=1. >L4 M. MIMI -‹ MIMI = ,----• dr- 1.1.HO:.. • ..,•. JACKSON BUSINESS CTR.& nti lit _, mik maw 111.:z a.mil n 1•11-1 MIN 111111ar-E f- .z J. I:1m .>, ii_e_F . 2 ,. 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INPORUATC21 PROVIDED REDAR0 OP N SED. .1 0 OW CAU 1 0 • 0 • • . • 312VA Hall Blvd t , • . • - • .-------, igiiRD,,,A—p$ iriptd,OR 97223 111 1 rir 503 S39-4171 • : • • 0 422ft .7.1exp? , . , . • 0.0 • •) • DURHAM RD. . ��k LTO M ME J TO REINW ' K • - EXISTING • LANDSCAPE ,I • 70 REALUN . 0 CP‘. 4 SOY'VS ® ® / • • ..„,I. ----to(--- , , „........_ ,,P .r......:.....„„ ..,:::::::.........; *......._ t„:„....„..,..... 9- :• ' /X/ METZGER PROPERTY 7100 SW OU ANW ROM - / t� ' ANT7OMM LIMB •. DURHAM %:i ;in of comm./Ice • �i;'i}i,',. DEFYIED SY AREA ELEMENTARY OF PROPOSE°B BOLLS '' . SCHOOL � i`> ' / PROPERTY / i_ � • �TH+oEVERORErtI >::i,:.-' PROTECT IREE • l'!...:.''',.:;:::. WRNSCONSRUI0H • ' //%// ////////////////////,;....i..ii.isi•ACP nves - PROPOSED FENCE . • r RELOCATED ROCRPLANTER: { -TOLES TO DEGKKIOUS REPLACE ROCK WALL PLN/IERMA \\\ TREE 70 REAVWI(n% UTP. E£703000 RANTS 7OTHE EI06TIN0 C/111D6G�Pfi GREATEST EX1EM POSSIBLE. ..' ` �` WILL AS NECESSARY NUKE �� TO REMAIN 1TYPJ PLANTINGS 10 PROVIDE COMMIE KIM SCREENING REOIAREMFNI" ALL RANT swum. N4E00E1407E0 BY HATCH ANOAH/ . :' Amnon&mess DLS7URn')BY CONSTRUCTgNAC71VI71E5 r.,..`i!;.? .SHALL SE TRIWSPMNTEO 70 THE RELOCATED ROO<PLANTER • :.; AREA wear OF THE PROPOSED PAWONG WALLS. • i 11;:,::::::':.:::..... . • 1 n • • . . . . . . f** . . • 1-•''' £%161070 EXLSIWO FENCE I . SOCCER • T . . CPA2008-00013/ZON2008-00007 1 • . JACKSON BUSINESS CTR. & DURHAM ELEM. SCHOOL PLAN &MAP AMENDMENT Rob Saxton • CPA2008-000ON2008-00007/ - Tigard-Tualatin School District 23J MIS2008-00016/MMD2008-00026 6960 SW Sandberg Street JACKSON BUSINESS CENTER&DURHAM Tigard, OR 97223 ELEMENTARY SCHOOL PLAN &MAP AMENDMENT David Metzger EXH I B I � Metzger Ventures,LLC P.O Box 400 ...___ Sherwood, OR 97140 WRG Design Inc. Ann: Michael Simantel 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 • • II AFFIDAVIT OF MAILING I,Patricia L. Lunsford,being first dulyswom/affirrn,on oath depose and say that I ama Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: {O kApPopne Poz(s)Bd.w) © NOTICE OF FINAL ORDER FOR CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 —JACKSON BUSINESS CENTER& DURHAM ELEMENTARY SCHOOL (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (4/14/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each . named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and by reference made a part hereof,on April 17,2009,and deposited in the United States Mail on April 17,2009,postage prepaid. R1 (Person that repared o • - STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the (9c? day of att-U.t% ,2009. OFFICIAL SEAL. ; SHIRLEY L TREAT NOTARY PUBUC-OREGON 2 O� r �°` COMMISSION NO.4167T7 NOTARY P LIC OF OREGON 1-MY COMMISSION EXPIRES APRIL 25,201 1 1, My Commission Expires: `((aSi ( Lan • • ;.,�,.. O 3 4 U4)lim1t�d ARBORIST REPORT Revised Subject: 7800 Durham Rd. Tree Protection Inspection Address of the Report: 7800 Durham Rd Tigard, Oregon Date of the Report: July 10, 2009 Report Submitted To: David Metzger FAX 503-625-5310 Metzger Ventures, LLC P.O. Box 400 Sherwood, OR 97140 Albert Shields City of Tigard albeit @tigard-or.gov Todd Prager City of Tigard todd @tigard-or.gov Gary Pagenstecher City of Tigard garyp @tigard-or.gov Current Inspection At 2:45 PM this afternoon, I met with David Metzger to review tree protection fencing and the tree protection plan for the site. Half inch thick oriented strand board had been placed against the trunks of the Giant Sequoia trees adjacent to berm removal work as indicated in the Tree Protection Plan for the site. The plan actually called for plywood. However, OSB is certainly an acceptable equivalent for this purpose. We discussed details of the Tree Protection Plan including having an I.S.A. Certified Arborist on site when grading work is done to remove the landscaped berms between the Sequoias. Removal of boulder retaining work surrounding the berms can be done without a certified arborist on site. Tree protection measures have implemented that should protect the trees while construction work takes place around them. Sincerely, Kay Kinyon Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic #PN-0409 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contractor #5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: info @tclu.com O `-4 2-0t,t7 - (� 'tee• ��( Washington County,Oregon 2009-054628 C ` 4 L��l�� ps '009 04Cnt 18S 716 0 HOFFMAN_V J■f �i 820.00 0.00$11.00-Total=$36.00 as �• ��� ���� After recording return to:. p ��N���Rl� I,Richard Hobe 013 Director 0f A mint and 111111 II II 11111 11 I 11111 I 1111 I I 01376184200900546280040046 I � Metzger Ventures, LLC �� Taxation and Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the within c• David Metzger Instrument of wilting was received and recorded In the P.O. Box 400 book of records of said caupty. (� /� ( h. .9 i Sherwood, Oregon 97140 Rlahard Hob Ion,E Director ffi of A meat and Taxation,Exdfflclo County Clerk P= td 4oatee- STATUTORY BARGAIN AND SALE DEED METZGER VENTURES, LLC, an Oregon limited liability company, Grantor, conveys to METZGER VENTURES, LLC, an Oregon limited liability company, Grantee, the real property located in Washington County, Oregon, and described on the attached Exhibit A, and depicted on the attached Exhibit B. This deed is being recorded following a property line adjustment in order to consolidate the adjustment area with the preexisting parcel. The true consideration for this conveyance is $0.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON N TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, 3 CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF ° THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE 1 LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO E VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY z ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. Dated this / day of Xie€ , 2009. METZGER VENTURES, LLC By. a,._.i_ � .r- David Metzger, Member_ 1 —STATUTORY BARGAIN AND SALE DEED PDX/117782/156311/J SS/4638975.1 • • . State of OREGON County of Gt24;Ve9-----) This instrument was acknowledged before me ono' I , 2009, by David Metzger for Metzger Ventures, LLC. /r 6 . ., OFFICIAL SEAL "� ,i - 1 j:�= APOLLO SORIA - � ,,,,,:„.46,00.000.--- �:-,- NOTARY PUBLIC-0REGON ary Pub Q• Late of Oregon 1 ` 1 COMMISSION N0.435055 MY COMMISSION EXPIRES DEC.14,2012 9 2—STATUTORY BARGAIN AND SALE DEED PDX/1 177 82/156311/JSS/4638975.1 • • EXHIBIT A A tract of land located in the northwest quarter of Section 13,Township 2 South,Range 1 West, Willamette Meridian, in the City of Tigard,Washington County,Oregon,being more particularly described as follows: That tract of land conveyed to Metzger Ventures LLC, an Oregon limited liability company,described in Deed Document No. 2001-054073 together with the following: Commencing at the northeast corner of Parcel I of the Minor Partition recorded as Survey No. 23,049, Washington County Survey Records, said point being South 88°42'31"East 1584.67 feet and South 01°17'29"West 45.00 feet from the common corner of Sections 11, 12, • 13 and 14; thence along the East line of said Parcel 1 South 01°17'29"West 134.87 feet to the Point of Beginning;thence leaving said East line South 66°10'26"West 22.09 feet;thence along a line parallel with and 20.00 feet westerly of said East line of Parcel 1 South 01°17'29"West 152.21 feet;thence leaving said parallel line South 88°42'31"East 20 feet to said East line; thence along said East line of Parcel 1 North 01°17'29"East 161.59 feet to the Point of Beginning. Excepting therefrom the following tract that was dedicated for street purposes in 2009: Beginning at the northeast corner of Parcel 1 per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, said point being South 88°42'31"East, 1584.67 feet and South 01°17'29"West,45.00 feet from the common corner of Sections 11, 12, 13 and 14;thence along the east line of said Parcel 1 South 1°17'29" West, 12.98 feet;thence along a line parallel with the southerly right-of-way line of SW Durham Road(being 52.00 feet from the centerline thereof, when measured perpendicular thereto) South 87°31'58" East, 121.01.feet; thence North 01°15'53"East, 17.00 feet to the southerly right-of-way line of SW Durham Road (being 35.00 feet from the centerline thereof,when measured perpendicular thereto);thence along said right-of-way line North 87°31'58"West, 121.00 feet to an angle point in said right-of- way line;thence South 01°17'29"West,4.02 feet to said Point of Beginning. The basis of bearings is Survey No. 26,866 Washington County Survey Records. • 1 —EXHIBIT A f PDX/1 1 77 82/1 563 1 1/JSS/4638975.1 . • • . t EXHIBIT B . 11 22 k S6642'31-E 1584.67' SECTION UNE 'RELOCATED SW DURHAM ROAD CENTERUNE PER DEED . v r 1 DOCUMENT NO. M q . 1 95-046769 POINT ' aoo VEDI CA T/ON THE NORTHEAST CORNER or . PARCEL 1 PER MINOR PARTITION SURVEY NUMBER 23,049 w a, n b DEED DOCUMENT NO. 88-35795 I, R. PARCEL t DEED DOCUMENT MINOR PARTITION NO. 2001-054073 I-m SW 23.049 w h 1 • 0 1 . S6610'26'W °O 22.09' , I 8 I oZ ,garvsrflGIr I Misr MEli -•.' � , SCALE: 1'=50' - 50 25 M0 50 r o� . to •. _.....t.i._____________......) . S68'42.31'E • 20.00' 1 -EXHIBIT B PDX/I 1 7782/1563111)SS/4638975.1 • O� Washington County,Oregon 2009-054627 /3 O6 009 04:12:58 PM l DW Cnt=1 81n=18 D HOFFMAN �� Oryeek)(1-4-_,.- ;�/E"CLE'flVa)( $25.00$5.00$11.00•Total=$41.00 5 1111111, s �l After recording return to: ((�� JUL ���0� I,weharo Hobs m1 ht Director 8320094005462 n005d0055 tS st li u p Tin Taxation and Ex-Offlelo County Clerk for Washington • -t 1 t,�p'fit' ®� °��Jy�1�y County,Oregon,do hereby certify that the within , p^.`,—.„,` tl "® Instrument of writing was received and recorded In the Metzger Ventures, LLC ENC`INEERliy� book of records of Bald cou /j David Metzger RicherdHobemleht Director— ofAsasaams P.O. Box 400 Taxation,Ex.O flcio County Clerk Sherwood, Oregon 97140 Te5 (,.A WARRANTY DEED TIGARD-TUALATIN SCHOOL DISTRICT 23J, an Oregon school district, Grantor, conveys and warrants to METZGER VENTURES, LLC, an Oregon limited liability company, Grantee, the real property located in Washington County, Oregon, and described on the attached Exhibit A, free of all encumbrances, except those described on the attached Exhibit B (the "Property"). This deed is being recorded to effect a property line adjustment as approved by the City of Tigard on April 14, 2009,under CPA2008-00013, ZON2008-00007, MIS2008-00016, and MMD2008-00026. Title to the Property is vested in Grantor by document number 88-35795, recorded in the real property records of Washington County, Oregon, on August 15, 1988. Title gto the property adjacent to the Property is vested in Grantee and described on the document o number 2001054073,recorded in the real property records of Washington County, Oregon, on t June 7, 2001. co b The true consideration for this conveyance is value other than monetary consideration. E g BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON f TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ce Imo- ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, t CHAPTER 424, OREGON LAWS 2007. THIS.INSTRUMENT DOES NOT ALLOW USE OF `4 THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE Z LAND USE LAWS AND REGULATIONS: BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE.TIWLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305iTO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. L , [Signature Page Follows] -1- PDXDOCS:1840945.3 . f; S! • • • Dated this /2 day of 2009. TIGARD-TUALATIN SCHOOL DISTRICT 23J • By: Rob S. Saxton, Supe intendent State of OREGON, County of G(/Q.�2f2,/ivt/s This instrument was acknowledged before me on ` ,2009, by Rob S. Saxton as Superintendent of Tigard-Tualatin School District 23J, gn Oregon school district. • OFFICIAL SEAL �� c3 s' PATRICIA KELLER Notary Public for the State of '�Oregon �� NOTARY PUBLIC•OREGON g ®� COMMISSION NO.396816 MY COMMISSION EXPIRES SEPTEMBER 6,2009 • • -2- PDXDOCS:1840945.3 • • • .EXHIBIT`k Legal Description A portion of that tract of land conveyed to Tigard School District No.23J described In Deed Document No. 88-35795,Washington County Deed Records,also known as Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records,located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian,City of Tigard,Washington County, Oregon, being more particularly described as follows: COMMENCING at the northeast corner of Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records, said point being South 88°42'31"East, 1584.67 feet and South 01°17'29"West,45.00 feet from the common comerof'Sections 11, 12, 13 and 14;Thence along the East line of said Parcel I South 01° 17'29"West,134.87 feet to the POINT OF BEGINNING;Thence leaving said East line South 66°10'26"West,22.09 feet;Thence along a tine parallel with and 20.00 feet westerly of said East line of Parcel I South 01°17'29"West,152.21 feet;Thence leaving said parallel line South 88°42'31"East,20.00 feet to said East line;Thence slang said East tine of Parcel I North 01°17' 29"East, 161.59 feet to the POINT OF BEGINNING. . Transfer parcel contains 3,138 square feet or 0.07 acres more or less. The Basis of Bearings Is per Survey Number 26,866,Washington County Survey Records, The attached exhibit entitled"PROPERTY LINE ADJUSTMENT TRANSFER PARCEL°Is made a part hereof. • • • • -1- PDXDOCS:1840945.3 • • • . 11 1212�.... S88'42'31"E 1584.67' SECTION UNE SW DURHAM ROAD g RELOCATED CENTERLINE PER DEED r"`4 DOCUMENT NO. in • b t 95-046769 w POINT OF COMMENCEMENT THE NORTHEAST CORNER OF - PARCEL I PER MINOR I PARTITION SURVEY NUMBER 1 23.049 nm n t 01 DEED DOCUMENT NO. 88-35795 11.. . r PARCEL I h i DEED DOCUMENT I MINOR PARTITION NO. 2001-054073 ' SN 23,049 POINT OF BEGINNING''� 2 C 56610'28"W ( °!I 0 22.09' / PROPERTY LINE a i r' \ TO BE ADJUSTED I. c3 1 I '6 . M. • SCALE: 1".50' I R Of N _N 50 25 0 50� r / a I . z • PROPOSED / ' PROPERTY UNE. - DEED DOCUMENT I 588'42'31"E N0. 2001-047612 _ 20.00' 1 _. . — ---\---.N''''-' —LEGEND: • amp 3.138 SO. FT.FT. OORR 0.07 ACRES (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION PROPERTY UNE ADJUSTMENT PROJECT NO. T8DST01 DESIGN I N C . TRANSFER PARCEL DAM 09/17/2008 5415 SW Wstg eate Dr. BY SRS Ste 100/Portland OR NW 1/4 813.T 2 8.1:11 W,WILLAMEfi'E MERIDIAN SCALE p=50' 97221/TeL 503.4192500 CITY OF TIt3ARD,WASHPIQrCN-COUNLY,OREGON PAGE NO. 2 OF 2 -2- PDXDOCS:1840945.3 • • EXHIBIT B Permitted Exceptions • Statutory powers and assessments of Clean Water Services. • Unrecorded easement for water main and the right of utilities to service existing lines as disclosed by a deed recorded August 15, 1988 as Fee No. 88-35759. • The terms and provisions contained in the document entitled "Consent Covenant (Nonremonstrance Agreement)" recorded October 17, 1989 as Fee No. 89-050274 of Official Records. • Stormwater Easement greement, including terms and provisions thereof. Recorded: 67/4 6 q ,2009, as Fee No. 2009- 0 5 -(GZC • The terms and provisions contained in the document entitled "Tree Restrictive Covenant Deed Restriction" recorded April 27, 2009 as Fee No.2009-036432 of Official Records. ►�::�� �; • 5. -1- PDXDOCS:1840945.3 • C C ©0`3 r1 W ngton County5,8 O rPegM o n 2009-054626 -054626 v'r/e /46 it D EA 2009 04:12: Cnt:1 Stn=18 D HOFFMAN $75.00$5.00 411.00-Total:$91.00 I'S JUL 6 2009 CITY OF TIG ,N,® 01376182200900546260150155 �p gNNING/ENGINEERJNG I,Taxation and d Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the within !j Instrument of writing was received and recorded In the Metzger Ventures, LLC book of records of said eoupty.. Q Umv.cm PO Box 400 Richard Hobemicht,Director of A merit and Taxation,Ex• fficlo County Clerk Sherwood, OR 97140 STORM WATER EASEMENT AGREEMENT DATE: 6//6/0123 7 ;-2968 ("Effective Date") DISTRICT: Tigard-Tualatin School District 23J, an Oregon school district METZGER: Metzger Ventures,LLC, an Oregon limited liability company RECITALS a 0 A. District is the owner of the real property described on the attached Exhibit A (the "District Property"). a N A B. Metzger is the owner of the real property described on the attached 5 A .Ai) Exhibit B (the "Metzger Property"). C C. District intends to grant to Metzger and Metzger intends to accept from t District, an easement over and across the portion of the District Property described on the Z attached Exhibit C (the "Metzger Easement Area") for storm water drainage for the portion of the Metzger Property described on the attached Exhibit D and depicted on the attached Exhibit E (the "Benefited Property"). D. Metzger intends to grant to District and District intends to accept from Metzger, an easement over and across the portion of the Metzger Property described on the attached Exhibit F (the "District Easement Area") for the purpose of constructing, reconstructing, maintaining, and using a storm water pipe. AGREEMENT NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: - 2 - • 1. District hereby grants to Metzger, its successors and assigns, a perpetual and nonexclusive easement over and across the Metzger Easement Area to use the Metzger Easement Area for the sole purpose of storm water drainage for storm water originating on the Benefited Property. 2. Metzger hereby grants to District, its successors and assigns, a perpetual and nonexclusive easement over and across the District Easement Area to use the District Easement Area for the for the purpose of constructing, reconstructing, maintaining, and using a 15-inch diameter, underground storm water pipe. 3. District shall be responsible for constructing and maintaining in perpetuity a water quality facility (the "Water Quality Facility") on the District Property, the District Easement Area, and the Metzger Easement Area and shall be responsible for connecting the storm water system located on the Benefited Property with the Water Quality Facility so that storm water originating on the Benefited Property can drain into the Water Quality Facility, provided that District shall have no obligation with respect to any portion of any storm water system located on the Benefited Property outside of the District Easement Area, other than to connect such storm water system with the Water Quality Facility. Metzger shall be responsible, at Metzger's sole expense, for all maintenance of any storm water system located on the Benefited Property outside of the District Easement Area. 4. Metzger agrees that District shall have unobstructed ingress and egress to and from the District Easement Area necessary for District's use, operation, and maintenance of the storm water pipe. Metzger shall have the right to use the District Easement Area for all purposes not inconsistent with the uses and purposes of this agreement, except that Metzger shall not build or erect any structure within the District Easement Area. Upon completion of any construction, reconstruction, or maintenance activities in the District Easement Area, District at its sole cost shall restore the surface and landscaping of the District Easement Area. 5. District shall maintain the Water Quality Facility in perpetuity in compliance with any laws, statutes, regulations, ordinances, or other pertinent requirements in effect as of the Effective Date and in compliance with any laws, statutes,regulations, ordinances or other pertinent requirements that arise in the future. 6. District shall, at its sole expense, seek regulatory approval or certification ("Approval") for the easements described herein and for its Water Quality Facility, from any regulating body whose approval is required as of the Effective Date. If, in the future, further Approval is required by the same or a different regulatory body, District will seek such approval at its sole expense. 7. It is understood and agreed that this Agreement does not grant or convey to Metzger any right to enter any portion of the District Property. 8. This Agreement shall run with the land and shall bind and benefit not only the parties hereto but also the future owners of the District Property and the Metzger Property. - 3 - • • 9. Nothing contained in this Agreement shall be deemed to be a gift or dedication to the general public or for the general public or for any public purpose. IN WITNESS WHEREOF this Agreement has been executed as of the date first written above. Tigard-Tualatin S hoc) 1- stric 23J By: L4- *" Rob Saxton, Superint-. dent Metzger Ventures, A,LL/C By: �atv�ct e-t-27.„1z Name: - Its: STATE OF OREGON ) ) SS COUNTY OF tsti— ) The foregoing Agreement was acknowledged before me the a5 day of d�,d' ?7,_ 2008, by Rob Saxton, Superintendent of Tigard-Tualatin School District 23J, an Oregon school district. s�<; ` OFFICIAL SEAL :ite, ..a. ,® PATRICIA KELLER NOTARY PUBLIC..OREGON Notary Public for Or e on COMMISSION NO.396816 My commission expires: 0g- D6 -09 MY COMMISSION EXPIRES SEPTEMBER 6,2009 STATE OF OREGON ) ) SS COUNTY OFA'6'% 9� ) th The foregoing Agreement was acknowledged before me the / day of_✓/ -'J a 2008, by / 79 i' %z( p as ,Z1/7.19 f/ of Metz_er Ve tures, LLC, an Oregon limited liability c pany. / —._ ------,=-1 NJry . c for Oregon r~-`��" OFFICIAL SEAL //iLY/ j '� CARRIE J FISCHER y co r�•g fission expires: aU/ ) ,. NOTARYPUBLIC-0REGON i) ' , COMMISSION NO.A413325 ( MY COMMISSION EXPIRES�JA-N�?��� `} - 4 - • • EXHIBIT A to Stormwater Easement Description of District Property LEGAL DESCRIPTION DURHAM ELEMENTARY(TSD6701) DESCRIPTION OF DISTRICT PROPERTY September 17, 2008 Page 1 OF 2 That tract of land conveyed to Tigard-Tualatin School District No. 23J described in Deed Document No. 2000-082620,Washington County Deed Records, and a portion of that tract of land conveyed to Tigard School District No. 23J described in Deed Document No. 88-35795,Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,Washington County, Oregon, being more particularly described as follows: That tract of land described in Deed Document No. 2000-082620,Washington County Deed Records and that tract of land described in Deed Document No. 88-35795, Washington County Deed Records, excepting therefrom the following: COMMENCING at the northeast corner of Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, said point being South 88°42' 31"East, 1584.67 feet and South 01° 17'29"West,45.00 feet from the common corner of Sections 11, 12, 13 and 14; Thence along the East line of said Parcel I South 01° 17' 29"West, 134.87 feet to the POINT OF BEGINNING ; Thence leaving said East line South 66° 10'26"West, 22.09 feet; Thence along a line parallel with and 20.00 feet westerly of said East line of Parcel I South 01° 17'29"West, 152.21 feet; Thence leaving said parallel line South 88°42' 31" East, 20.00 feet to said East line; Thence along said East line of Parcel I North 01° 17' 29" East, 161.59 feet to the POINT OF BEGINNING. Transfer parcel contains 3,138 square feet or 0.07 acres more or less. The Basis of Bearings is per Survey Number 26,866, Washington County Survey Records. The attached exhibit entitled "PROPERTY LINE ADJUSTMENT TRANSFER PARCEL" is made a part hereof. IREGISTERED PROFESSIONAL. LAND SURVEYOR . 911.02 \111.1Ati _ it _9 • OREO• JULY 13,2004 SAMAIm4A R.81ANC0 813031.8 RENEWAL DATE: I Z•N•09 - 5 - • • • 11 1 588'42'31"E 1584.67' _ 1.-417T- 4 111 3 3 V— — _--— _ SECTION LINE T �___ - � 1 _ _ gi)b I RELOCATED SW DURHAM ROAD In i.. ° I CENTERLINE PER DEED a DOCUMENT NO. in ro 0 95-046769 co - ) • POINT OF COMMENCEMENT THE NORTHEAST CORNER OF PARCEL I PER MINOR I PARTITION SURVEY NUMBER 23,049 i t to 3 o) DEED DOCUMENT NO. 88-35795 N 6 PARCEL I N DEED DOCUMENT I MINOR PARTITION NO. 2001-054073 SN 23,049 POINT OF I z h. BEGINNING m a U O S66'10.26"W O O 0 O Li 22.09' PROPERTY UNE o N I -TO BE ADJUSTED I o 0 liiii) N ID N G I SCALE: 1"=50' w co I 50 25 0 50 c / o to z • PROPOSED .------.-.------.- I PROPERTY UNE DEED DOCUMENT I 588'42'31"E NO. 2001-047612 20.00' _,-_— : _ - _ _ 1 _ LEGEND: _ ''' TRANSFER PARCEL 3,138SQ. FT. OR0.07 ACRES (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION W 0 G PROPERTY LINE ADJUSTMENT PROJECT NO. TSD6701 . DESIGN I N C . TRANSFER PARCEL DATE 09/17/2008 5415 SW Westgate Dr, BY: SRB Ste 100/Portland OR NW V4 S 13,T 2 S,R 1 W,WILLAMETTE MERIDIAN SCALE: T=50' 97221/Tel.503.4192500 CITY OF TIGARD,WASHINGTON COUNTY,OREGON PAGE NO. 2 OF 2 - 6 - • • EXHIBIT B to Stormwater Easement Description of Metzger Property LEGAL DESCRIPTION DURHAM ELEMENTARY(TSD6701) EASTERLY RESULTANT September 17, 2008 Page 1 OF 2 That tract of land conveyed to Metzger Ventures LLC, an Oregon Limited Liability Company described in Deed Document No. 2000-045176, Deed Document No.2001-054073, and a portion of Deed Document No. 2001-047612,Washington County Deed Records and a portion of that tract of land conveyed to Tigard School District No. 23J described in Deed Document No. 88-35795, Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records, located in the northwest one-quarter of Section 13,Township 2 South, Range 1 West,Willamette Meridian, City of Tigard,Washington County, Oregon, being more particularly described as follows: The aforementioned Metzger Ventures LLC tract together with the following: COMMENCING at the northeast corner of Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, said point being South 88°42'31" East, 1584.67 feet and South 01° 17'29"West,45.00 feet from the common corner of Sections 11, 12, 13 and 14;Thence along the East line of said Parcel I South 01° 17' 29"West, 134.87 feet to the POINT OF BEGINNING ; Thence leaving said East line South 66° 10'26"West, 22.09 feet; Thence along a line parallel with and 20.00 feet westerly of said East line of Parcel I South 01° 17'29"West, 152.21 feet; Thence leaving said parallel line South 88°42' 31" East, 20.00 feet to said East line; Thence along said East line of Parcel I North 01° 17' 29" East, 161.59 feet to the POINT OF BEGINNING. Transfer parcel contains 3,138 square feet or 0.07 acres more or less. The Basis of Bearings is per Survey Number 26,866, Washington County Survey Records. The attached exhibit entitled"PROPERTY LINE ADJUSTMENT TRANSFER PARCEL" is made a part hereof. l REGISTERED PROFESSIONAL LAND SURVEYOR WIT0 . • •17'08 '.111 I.ii1 L 1. !111111 J.a. . OREGON JULY 13,2004 SAMANTHA R.WNW 61303L8 RENEWAL a4TE IZ-3►•09 - 7 - • • 11 1.212 S88'42'31"E 1584.67' _ 1-41T3 3 — — _ SECTION LINE — _ — SW DURHAM ROAD o I RELOCATED i• CENTERLINE PER DEED • . DOCUMENT NO. 1 95-046769 N' N •� • POINT OF COMMENCEMENT THE NORTHEAST CORNER OF PARCEL I PER MINOR I PARTITION SURVEY NUMBER 23,049 co <r I o) DEED DOCUMENT NO. 88-35795 o PARCEL I N DEED DOCUMENT MINOR PARTITION NO. 2001-054073 SN 23,049 POINT OF I z BEGINNING S66'10.26"W 0 0 22.09' I 000 PROPERTY UNE 0 cv / \ TO BE ADJUSTED I o Z csi • rn I N N SCALE: 1 3 iV t p,S. 50 25 0 50 c / � �z • PROPOSED �� I PROPERTY UNE DEED DOCUMENT S58'42'31"E N0. 2001-047612 20.00' : = = : _ = 1 _ - LEGEND: 3,138 SSO. FT.RORL0.07 ACRES (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION w 1 1 1 1 G PROPERTY LINE ADJUSTMENT PROJECT NO. TSD6701 DESIGN I N C . TRANSFER PARCEL DATE 09/T7/2008 5415 SW Westgate Dr, BY: SRB Ste 100/Portland OR NW V4 S 13,T 2 S,R 1 W,WILLAMETTE MERIDIAN SCALE: p a 50 97221/ 5034192500 CITY OF 11GARD,WASHINGTON COUNTY.OREGON PAGE NO. 2 OF 2 - 8 - • • EXHIBIT C to Stormwater Easement Metzger Easement Area The portion of the District Property described as follows and depicted as diagram 1 below: A portion of that tract of land conveyed to Tigard-Tualatin School District No.23J described in Deed Document No. 2000-082620,Washington County Deed Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: BEGINNING at the southeast corner of that tract of land described in Deed Document Number 88-35795, Washington County Deed Records, said point being South 88°42' 31" East, 1584.67 feet and South 01° 17' 29"West, 549.50 feet from the northwest corner of said Section 13; Thence along the common line of said Deed Document Numbers 2000-082620 and 88-35795, North 88°42' 31"West, 45.00 feet; Thence leaving said common line along a line that is parallel with and 87.33 feet westerly of the East line of said Deed Document Number 2000-082620 South 01° 17' 29"West, 160.00 feet; Thence along a line that is parallel with and 160.00 feet southerly of said common line South 88° 42' 31" East, 87.33 feet to said East line; Thence along said East line North 01° 17' 29" East, 160.00 feet to the northeast corner of said Deed Document Number 2000-082620; Thence along the easterly projection of said common line North 88° 42' 31"West, 42.33 feet to said POINT OF BEGINNING. Contains 13,972 square feet, more or less - 9 - • • The portion of the District Property described as follows and depicted as diagram 2 below: PARCEL I-STORM DRAINAGE EASEMENT - - ' - A portion of that tract of land conveyed to Tigard School District No. 23J described in Deed Document No. 88-35795, Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian, City of Tigard,Washington County, Oregon, being more particularly described as follows: BEGINNING at the southeast corner of Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, said point being South 88°42'31" East, 1584.67 feet and South 01° 17'29"West, 549.50 feet from the common corner of Sections 11, 12, 13 and 14; Thence along the South line of said Parcel I North 88°42' 31"West,45.00 feet; Thence along a line parallel with and 45.00 feet westerly of the East line of said Parcel 1 North 01° 17'29" East, 160.00 feet; Thence leaving said parallel line South 88°42'31" East, 25.00 feet;Thence along a line parallel with and 20.00 feet westerly of the East line of said Parcel 1 North 01° 17'29"East, 48.04 feet;Thence leaving said parallel line South 88°42'31" East, 20.00 feet to the East line of said Parcel 1; Thence along said East line South 01° 17' 29"West,208.04 feet to the POINT OF BEGINNING. Contains 8,160 square feet, more or less. PARCEL II-STORM DRAINAGE EASEMENT A portion of that tract of land conveyed to Tigard School District No.23J described in Deed Document No. 88-35795,Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049,Washington County Survey Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian,City of Tigard,Washington County, Oregon, being more particularlydescribed as follows: BEGINNING at the southeast corner of Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, said point being South 88°42'31" East, 1584.67 feet and South 01° 17'29"West, 131.89 feet from the common corner of Sections 11, 12, 13 and 14; Thence along the East line of said Parcel I South 01° 17'29"West,47.98 feet; Thence leaving said East line South 66° 10' 26"West, 22.09 feet; Thence along a line parallel with and 20.00 feet westerly of the East line of said Parcel 1 North 01° 17'29" East, 57.35 feet;Thence leaving said parallel line South 88°42' 31" East, 20.00 feet to the POINT OF BEGINNING. Contains 1,053 square feet, more or less. The Basis of Bearings is per Survey Number 26,866,Washington County Survey Records. - 10 - • • Diagram 1 11 �? 588'42'31"E 1584.67' SECTION LINE 1-411-3 V ------- SW DURHAM ROAD SCALE: 1"=100 100 50 25 0 100 DEED DOCUMENT NO. 2001-054073 ' I DEED DOCUMENT NO. 88-35795 to 3 i N 6- N DEED DOCUMENT NO. 2001-047612 POINT OF BEGINNING THE SOUTHEAST CORNER OF DEED DOCUMENT NUMBER 88-35795 N88'42'31"W N88•42'31"W 45.00' [42.33' DEED DOCUMENT p NO. 2001-047612 too to 3 w o, v) N N r t- v°� zz LEGEND: DEED DOCUMENT iim STORM DRAINAGE FEET (MORE OR LESS) NO. 2000-082620 588'42'31"E ) 87.33' SEE ATTACHED LEGAL DESCRIPTION w R G PROJECT NO. TSD6701 DESIGN I N C . STORM DRAINAGE EASEMENT DATE 09/17/2008 BY: TLB 5415 SW Westgate Dr, Ste 100/Portland OR NW 1/4 S 13,T 2 S,R 1 W,WILLAMETTE MERIDIAN SCALE T=100' 97221/Tel 503A192500 CITY OF TIGARD,WASHINGTON COUNTY,OREGON PAGE NO. 2 OF 2 - 11 - II • Diagram 2 111) 11 12 S88'42'31"E 1584.67' _SECTION LINE � \ 1413 SCALE: 1"=100' SW DURHAM ROAD ___ - — 100 50 25 0 100 a S88'42'31"E M 20.00' / -POINT OF BEGINNING PARCEL I _ / PARCEL III MINOR PARTITION SN 23,049 NO1'17'29� S0 417989"W I 57.35'_ . S 56610'26"W b I co 22.09' ( to ?"\- I (4/O 588'42'31"E SN Oc)./ I 20.00' ^ ��O'A, N0117'29"E 5 po. 48.04' / 1 588'42'31"E E IT 25.00' / '� \ o DEED DOCUMENT o • N NO. 2001-047612 0 coo rn DEED DOCUMENT W N NO. 88-35795 r r N o 0 Z POINT OF BEGINNING A PARCEL I N88'42'31"W THE SOUTHEAST CORNER 45.00' OF PARCEL 1 PER MINOR PARTITION DEED DOCUMENT SURVEY NUMBER 23,049 NO. 2000-082620 LEGEND: DEED DOCUMENT NO. 2001-047612 "' STORM LDRAINAGE EASEMENT 8,160 SQUARE FEET (MORE OR LESS) + . + + PARCEL II + STORM DRAINAGE EASEMENT 1,053 SQUARE FEET (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION w 0 G PROJECT NO. TSD6701 DESIGN I N C . STORM DRAINAGE EASEMENT DAB 09/18/2008 5415 SW Westgate Dr, BY: SRB Ste 100/Portland,OR NW 1/4 S 13,T 2 S,R 1 W.WILLAMETTE MERIDIAN SCALE: p c 100 97221/Tel 5034192500 CITY OF TIGARD,WASHINGTON COUNTY,OREGON PAGE NO. 2 OF 2 - 12 - • • EXHIBIT D to Stormwater Easement Legal Description of Benefited Property LEGAL DESCRIPTION DURHAM ELEMENTARY-TSD6701 METZGER DRAINAGE BASIN September 17, 2008 Page 1 OF 2 METZGER DRAINAGE BASIN A portion of that tract of land conveyed to Metzger Ventures LLC, an Oregon Limited Liability Company described in Deed Document No. 2000-045176, Deed Document No. 2001-054073, and a portion of Deed Document No. 2001-047612,Washington County Deed Records and a portion of that tract of land conveyed to Tigard School District No. 23J described in Deed Document No. 88-35795, Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian, City of Tigard,Washington County, Oregon, being more particularly described as follows: COMMENCING at the northeast corner of said Parcel I, said point being South 88°42' 31" East, 1584.67 feet and South 01° 17'29"West,45.00 feet from the common corner of Sections 11, 12, 13 and 14; Thence along the East line of said Parcel I South 01° 17'29"West, 12.98 feet to the POINT OF BEGINNING; Thence along a line parallel with the southerly right-of-way line of SW Durham Road(being 52.00 feet from the centerline thereof, when measured perpendicular thereto) South 87° 31' 58" East, 112.17 feet; Thence leaving said parallel line South 01°28'21"West, 81.48 feet; Thence South 88°40' 18" East, 32.20 feet; Thence South 00°20'03"East, 129.43 feet; Thence South 06°58' 02"West, 96.89 feet to a point on the easterly extension of the southerly line of that tract described as OPUS Northwest LLC-David Metzger in Deed Document No. 2001-047612, Washington County Deed Records; Thence along said southerly line North 88° 37' 00"West, 138.18 feet to said East line of Parcel I; Thence along said East line North 01° 17'29" East, 25.90 feet; Thence leaving said East line North 88°42' 31"West, 20.00 feet; Thence along a line parallel with and 20.00 feet westerly of said East line North 01° 17'29" East, 152.21 feet; Thence leaving said parallel line North 66° 10' 26" East, 22.09 feet to said East line of Parcel I; Thence along said East line North 01° 17'29" East, 121.89 feet to the POINT OF BEGINNING. Contains 45,044 square feet or 1.034 acres, more or less. The attached exhibit entitled"METZGER DRAINAGE BASIN" is made a part hereof. REGISTERED PROFESSIONAL LAND SURVEY - q•��.o$ J1, l I,.'lt i. � ._� �� q OREGON JULY 13,2004 SAMANTHA R.BIANCO 61303L8 RENEWAL DATE: it'.31' 0 9 - 13 - • • EXHIBIT E to Stormwater Easement Drawing of Benefited Property / I,— w M Lv 111 12 588'42_31"E_1584.67_ I n J •— w Q SECTION LINE 1413 — — — - SW DURHAM ROAD ' o I — . in ---- O RELOCATED CENTERLINE • a I PROPOSED RIGHT-OF-WAY n PER DEED DOCUMENT o t, DEDICATION NO. 95-046769 N POINT OF S87'31'58"E 112.17' COMMENCEMENT 501'17'29"W i THE NORTHEAST 12.98' V CORNER OF PARCEL I PER MINOR PARTITION POINT OF °°I SURVEY NUMBER BEGINNING I 23,049 1r °R N NI W ( S88'40'18"E ' 32.20' PARCEL I N • MINOR PARTITION N. t • ,0, , SN 23.049 o e. to • 0 Z N6610'26"E 22.09' /In 1-ie.. w,n N �O DEED DOCUMENT w o 000 NO. 88-35795 o o N ID Li 6 N O Z N O O csi N N W e O N ' 114, n r- 8 Z /31 SCALE: 1".50' c ���_ 4.41 • ,ten 50 25 0 50 N88'42'31"W ' r°n 20.00' — N0117'29"E N8817'00"W 138.18' — — LEGEND: 25'90' DEED DOCUMENT I' METZGER DRAINAGE BASIN NO. 2001-047612 45,044 SQUARE FEET OR 1.034 ACRES (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION w I R G PROJECT NO. TSD6701 DESIGN I N C . METZGER DRAINAGE BASIN DATE 09/17/08 5415 SW Westgate Dr, BY: SRB Ste 100/Portland.OR NW 1/4 6 13,T 2 S.R 1 W,WILLAMETTE MERIDIAN SCALE: T a 50' 97221/Tel.503.4192500 CRY OF TlGARD,WASHINGTON COUNTY.OREGON PAGE NO. 2 OF 2 -14- • • EXHIBIT F to Stormwater Easement District Easement Area The portion of the Metzger Property, post-property line adjustment, described as follows and depicted below: 10' STORM DRAIN EASEMENT A portion of that tract of land conveyed to Tigard School District No. 23J described in Deed Document No. 88-35795,Washington County Deed Records, also known as Parcel I per Minor Partition recorded as Survey Number 23,049, Washington County Survey Records, located in the northwest one-quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian, City of Tigard,Washington County, Oregon, being more particularly described as follows: COMMENCING at the northeast corner of said Parcel I, said point being South 88°42'31" East, 1584.67 feet and South 01° 17'29"West,45.00 feet from the common corner of Sections 11, 12, 13 and 14; Thence along the East line of said Parcel I South 01° 17'29"West, 134.87 feet;Thence leaving said East line South 66° 10'26"West, 11.04 feet to the POINT OF BEGINNING; Thence South 66° 10'26"West, 11.04 feet;Thence along a line parallel with and 20.00 feet westerly of said East line of Parcel I South 01° 17'29"West, 152.21 feet; Thence leaving said parallel line South 88°42'31" East, 10.00 feet; Thence along a line parallel with and 10.00 feet westerly of said East line of Parcel I North 01° 17'29" East, 156.90 feet to the POINT OF BEGINNING. Contains 1,546 square feet, more or less. The attached exhibit entitled "10' STORM DRAINAGE EASEMENT" is made a part hereof. REGISTERED PROFESSIONAL • LAND SURVEYOR 0$ �*!.LU &M f. I♦ A I q �V C• JULY 13,2004 S M ANDIA R.BIANCO 010031.8 RENAVAL DATE: 1 Z•31.0q -15- • • • Z I > 1111.2 S88'42'31"E 1584.67' •_ 23 ' — -P2 < SECTION LINE 14L13 •— i — — — / -0 N O I 1 ^ o SW DURHAM ROAD RELOCATED CENTERLINE `r r I PROPOSED RIGHT-OF-WAY "� PER DEED DOCUMENT o i DEDICATIONS — NO. 95-046769 N '' r POINT OF COMMENCEMENT THE NORTHEAST • CORNER OF PARCEL I I PER MINOR PARTITION co SURVEY NUMBER M 23,049 6 I N I PARCEL I N MINOR PARTITION DEED DOCUMENT I SN 23,049 NO. 2001-054073 I--(0 Z to S6610'26'W m vi- 11.04' t\ I o 0 S66'10'26'W I °o 11.04' w N wci I °z DEED DOCUMENT POINT OF NO. 88-35795 BEGINNING N p, csi la I - L t w - N N I h r r 5 cri z ,r 10' STORM DRAIN I EASEMENT I SCALE: 1"=50' DEED DOCUMENT 50 25 0 50 S88'42'31"E NO. 2001-047612 10.00' — LEGEND: 10' STORM DRAIN EASEMENT 1,546 SQUARE FEET OR (MORE OR LESS) SEE ATTACHED LEGAL DESCRIPTION w I R I G PROJECT NO. TSD6701 DESIGN I N C . 10' STORM DRAIN EASEMENT DATE:BY: TLB TLB 5415 SW Westgate Dr, Ste 100/Portland,OR NW 1/4 S 13,T 2 S,R 1 W WILLAMETTE MERIDIAN SCALE: T=50' 97221/Tel 503.4192500 CITY OF TIED,WASHINGTON COUNTY,OREGON PAGE NO. 2 OF 2 - 16 - e& 06Y3 —e-C9-c9i_3 F • Ln/imitea �� �. ARBORIST REPORT Subject: 7800 Durham Rd. Tree Protection Supervision ,,:�� ^����� Address of the Report: 7800 Durham Rd �©u? IU) Tigard, Oregon S�P 2009 Date of the Report: July 20, 2009 p Nd��I Report Submitted To: David Metzger FAX 503-625-5310 Metzger Ventures, LLC P.O. Box 400 Sherwood, OR 97140 Albert Shields City of Tigard albertAtigard-or.gov Todd Prager City of Tigard todd @ tgard-or.gov Gary Pagenstecher City of Tigard garvoc )tgard-or.gov Summary I arrived on site at 8:00 AM. The berms between the Sequoia trees were to be removed. The following roots were encountered and pruned: • Tree No. 1. No work impacting roots will be done near Tree No. 1. • Tree No. 2. One 3"diameter root was pruned at 3'-6"from face of trunk on the North side. One 2"diameter root was cut at 3'from face of trunk on the North side. One 2" diameter root was cut at 2'from face of trunk on the North side. One 3" diameter root was cut at 4'from face on trunk on the South side. • Tree No. 3. Two 2"diameter roots were cut at 4'-6"from face of trunk on the North side. One 31/2" root was cut at 4' 6"from face of trunk on the Southeast side. One 21/2" root was cut at 6 feet from face of trunk on the South side. • Tree #4. One 2"diameter root was cut at 5'from face of trunk on the North side. • Tree No. 5. No significant roots were encountered. • Tree No. 6. No work will be done near Tree No. 6. No significant impact to the continued existence of these trees is expected from the root pruning work done. Trees No. 2 through No. 4 need to be irrigated until the onset of the fall rainy season. Sincerely, 1L� Kay Kinyon Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, #PN-0409 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contractor#5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549 • Visit our website at www.tclu.com•E-mail: info @tclu.com /Albert Shields is f' / From: Gary Pagenstecher Sent: Wednesday, May 06, 2009 2:41 PM To: 'Tony Roos' Cc: Albert Shields; Todd Prager Subject: RE:Jackson Business Park/Durham Elementary - Plan Review Tony, Thanks for your memo and plan set. Looks good. On completion of conditions 1 and 4, planning will be ok for the site permit. Condition status: 1) We'll look for the recorded lot line adjustment before singing off. 2) Met, plans show trees planted in the berm. 3) Process condition, will be met upon completion of project. 4) Call when tree protection is installed; sign-off after City Arborist inspection. 5) Process condition, will be met upon completion of project Let me know if you have any questions. Gary Gary Pagenstecher, AICP Associate Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard OR 97223 503-718-2434 garvp@ tgard-or.gov From: Tony Roos [mailto:Tony.Roos @cardnowrg.com] Sent: Wednesday, May 06, 2009 11:35_AM _ To: Gary Pagenstecher ,- Subject: Jackson Business Park/Durham Elementary - Plan Review (JF) Cardno WRG Hi Gary, • Just checking in with you to make sure you've gotten all the information you need to approve the Jackson Business Park packing addition Thanks, Tony Tony Roos Principal • Director of Transportation Phone:(503)419-2500 Fax:(503)419-2600 1 Albert Shields • CdX5 � From: Albert Shields Sent: Monday,July 06, 2009 10:16 AM To: Dan Nelson; Debbie Adamski Cc: Mark VanDomelen; Gary Pagenstecher Subject: Jackson Business Center, CPA2008-0001 3, SIT2009-00004. Just to confirm for you what I told Dave Metzger a moment ago ... Conditions#1 &4 under CPA2008-00013 need to be met before Planning can OK issuance of the SIT. He's going to follow up with the Durham Elementary people who were to have been handling these issues. The two Conditions still show as "Applied" (Not Met) in Accela which is why there is no "OK to issue" Comment: it's not yet OK to issue. 1 7h )--e9cD caI3 •Albert Shields From: Gary Pagenstecher Sent: Friday,July 10, 2009 3:46 PM To: Albert Shields Subject: Jackson Business Center Conditions Albert, Dave Metzger wants to break ground on Tuesday. He will be in on Monday afternoon for a site permit. Provided his arborist submits a report to us by then stating the tree protection is in place satisfactorily, he should get the OK for Site from Planning. Gary Pagenstecher,AICP Associate Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard OR 97223 503-718-2434 ga ryp @tiga rd-or.gov_ 1 • • n Department of Land Conservation and Development Ore go 11 Vic"' Street,Suite 15D ' x'":irirr.F, J; Salem,OR 97301-2540 Theodore R Y.nbngprb,Govemor (503)373-0050 Fax(503)378-5518 , `l www.lcd.state onus fir , NOTICE OF ADOPTED AMENDMENT 04/27/2009 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Larry French,Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 002-09 The Department of Land Conservation and Development(DLCD)received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday,May 08,2009 This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day notice. Pursuant to ORS 197.830(2)(b)only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals(LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions,check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA,(OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265,if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAT IT WAS MAILED TO DLCD. AS A RESULT,YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gary Pagenstecher, City of Tigard Gloria Gardiner, DLCD Urban Planning Specialist Meg Fernekees,DLCD Regional Representative <paa> YA • • ❑ In person ❑ electronic❑mailed 2 DLCD DEPT OF APR 2 ° 200 Notice of Adoption 9 LAND CONSERVATION THIS FORM MUST BE MAILED TO DLCD AND DEVELOPMENT WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For lf[.co Use Orlg Jurisdiction: City of Tigard Local file number: CPA2008-00013 Date of Adoption: 4/14/09 Date Mailed: 4/17/09 Was a Notice of Proposed Amendment(Form 1)mailed to DLCD? Yes . Date: 1/30/09 ❑ Comprehensive Plan Text Amendment ® Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment ® Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write"See Attached". The applicant proposes adjusting the common lot line to transfer 3,153 sq. ft. from the Durham Elementary School to the Jackson Business Center and changing the Medium-Density Residential (R-12) zone to Industrial Park (I-P) to accommodate the loss of parking to the business center when the school district condemned a portion of the site for a new access to the school. Does the Adoption differ from proposal? No,no explaination is necessary Plan Map Changed from: Medium Density Residential to: Industrial Park Zone Map Changed from: R-12 to: I-P Location: Bounded by SW Durham Road, across from 79th Avenue Acres Involved: 3,153 sq. ft. Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ® ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ U U ❑ ❑ ❑ ❑ ❑. Was an Exception Adopted? ❑ YES ®NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? ❑ Yes n No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. 002-09 (17348) [15486] - Please list all affected State or Floral Agencies,Local Governments or Seal Districts: Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Blvd. Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: garyp(a,tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM,OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person,but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE(5)working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date,the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD,you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at(503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us -ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09-0 • AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013) AND ZONE AMENDMENT (ZON2008-00007), CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM DENSITY RESIDENTIAL (R-12) ZONE TO INDUSTRIAL PARK (I-P); AND APPROVING A LOT LINE ADJUSTMENT (MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND SCREENING;. SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401. WHEREAS, Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV),the Tigard-Tualatin School District 23J obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school;and a settlement agreement between the School District and Mr.Metzger included the proposed request in this application;and WHEREAS, Section 18.380.030A of the City of Tigard Community Development Code requires quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure,as governed by Section 18.390.050,using standards of approval contained in Subsection 18.380.030.B;and WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the Commission to make a recommendation to the Council on an application for a Comprehensive Plan Map Amendment;and WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires demonstration of compliance with all applicable Comprehensive Plan Policies and map designations;and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinances;and WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in the Comprehensive Plan or Zoning Map as it=elates to the property which is the subject of the development application;_and WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the Commission, and a decision by the Council, shall be based on consideration of Statewide Planning.Goals and Guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; and any applicable Metro regulations;and WHEREAS, the Tigard Planning Commission held a public hearing on March 16, 2009, and recommended approval of CPA2008-00013/ZON2008-00007 and Lot Line Adjustment (MIS2008-00016) and Minor Modification (MIvID2008-00026)by motion with a unanimous vote in favor;and ORDINANCE No.09-Q`I Page 1 • S WHEREAS, the Tigard City Council held a public hearing on April 14, 2009, to consider the request for a quasi-judicial Comprehensive Plan and Zone Map Amendment, Lot Line Adjustment, and Minor Modification and determined that the amendments and development proposals will not adversely affect the health,safety and welfare of the City and meet all applicable review caiteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment(CPA2008-00013) and Zone Change (ZON2008-00007) are hereby approved by the City CounciL SECTION 2: Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) are hereby approved by the City Council, subject to the conditions of approval in the February 27,2009 Staff Report to the Planning Commission. SECTION 3: The attached findings in the February 27, 2009 Staff Report to the Planning Commission , are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By vote of all Council embers present after being read by number and title only,.this /9'''Li'day of ,2009. • Carol A. Krager,Deputy City Reccfiaer APPROVED: By Tigard City Council this. I ` day of ,2009. Craig irksen,Mayor Approved as to form: 1 ----(t4 V �ttorney F..;.� True Copy of �/ /%��d o y :lo be a ti,r3'r;;na1 on.File • Date By: Deputy Recorder- City of gardy ORDINANCE No.09-0 f . . Page 2 r • . ..2S.l-ill31l'A } �1 Agenda Item: 5 , Healing Date:March 16,2009 Time: 7:00 PM STAFF RE PORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON - : i ;fr, • 120 DAYS =NA • • SECTION I. APPLICATION SUMMARY FILE NAME: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE:PLAN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment(CPA) CPA2008-00013 Zone Change (ZON) ZON2008-00007 Lot Line Adfustment(MS) MIS2008-00016 • Minor Modi=fication(M D) MMD2008-00026 PROPOSAL: The applicant is requesting a Comprehensive rehensive Plan and Zoning Map Amendment,lot line adjustment,and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site-for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing_the Medium Density • Residential (R-12) zone to Industrial Park(I-P). The area will,be developed with 10 parking spaces and associated landscaping and screening for the Business Center. Pursuant to tix Oregon Cimrit Court Immediate Pcssession Order(Case No. C074583CV), the Std District obtatnd an access easement across Tax Lot 200 for a new access drew to Durham Elementary schcoL Access had z frornSW Shaffer Lane under an easement agra t • across CYaxn Water Serric (CVPJ for a pen gr20 s z¢itb 4 an for - re eeternL A se'tlarent agreement bette�n Schcd Diana and Mr.Meer ira�uda�osed t-in this application . APPLICANT/ Rob Saxton OWNER: David Metzger OWNER Tigard-Tualatin School District 23J Metzger Ventures,LLC 6960 SW Sandburg Street PO Sox 400 Tigard,OR 97223 Sherwood,OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland,OR 97221 • LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA,Tax Lots 200 and 401,respectively. CURRENT ZONE/ • • COMP PLAN DESIGNATION: R 12(HD): Medium-Density Residential District. • The R-12 zoning district is designed to accommodate a full range of housing,types at a minimum lot size of 3,050 square feet A.wide range of civic and institutional-uses.are also permitted conditionally. The purpose of the HLStonc District overlay is to facilitate the . STAFF REPORT TO THE PLANNING COMMISSION MARC111.6,2009 PUBLIC HEARING CcA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 1 OF 17 • protection enhancement and perpetuation of such improvements and of such districts which represent-or reflect elements of the City's cultural,social, economic, political and architectural history. The current Comprehensive Plan Designation is Public Institution. • PROPOSED ZONE/ COMP PLAN DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, -office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review,design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and,pedestrian-friendly. The proposed Comprehensive Plan Designation is Light Industrial. - APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text • Amendments, 18.390.050/.060 Decision Making Procedures; 18.41-0 Lot Line Adjustments; 18.360 Site Development Review; 111.510,Residential Zoning Districts; 18.5301 Industrial Zoning Districts; 18.705 Access, Egress and Circulation• 18.740 Historic Overlay, 18.745-Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements; 18.790, Tree Removal; 18.810, Street and Utility Improvement; Comprehensive Plan Goals, #1, Citizen Involvement; Goal#2,Land Use Planning;Goal#9,Economic Development);and Goal#10,Housing. SECTION IL STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification,subject to proposed conditions of approval. CONDITIONS OF APPROVAL • THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED LOT LINE ADJUSTMENT AND MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY SITE PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or lans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Upon approval of the proposed lot line adjustment, the applicant. shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City to be incorporated into the record. The applicant shall submit the copy of the recorded lot fine adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. 2. The applicant shall either apply for a variance to the buffer standards or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 1-8.1-45.2 and Section 18.745.050.B.4,subject to review and approval by the City Arborist and the Project Arborist. STAFF REPORT TO IBE PLANNING COMMISSION MARCH 16,2009 PUBLICHEARING CPA2008=00013/ZON200.8-00007/MIS2008-00016/M1VID2008-00026 PAGE 2 OF 17 • 3. The applicant shall adhere to the tree protection guidelines 1-7 in the project arbotist report dated 11/10/08 before, during, and after construction. As each step is completed, the project aborist shall prepare a documenting report that shall be submitted to the City. 4. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing,determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports ate not submitted to the City Arbotist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor,the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist Prior to final inspection,the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly • • identify where in the submittal the required information is found: 6. Prior to final inspection,the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arboiist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 7. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, . . 503-718-2434) for a final site review to ensure consistency with this land use decision. SECTION III. BACKGROUND INFORMATION Site History Tax Lot 401 is mostly vacant land, improved with a playground and access to Tax Lot 300 to the west, which is the site of the Durham Elementary School-and the historic Durham Center. Staff found the following land use decisions applicable to Tax Lot 401: CUP91-00001 allowed the placement and use of a portable classroom structure;CUP95-00006 allowed addition of 39,135 square feet to an existing school of 23,830 square feet; SLR2001-00001 allowed the use of a 1/3-acre parcel between Fanno Creek and Durham School as an outdoor nature investigation and observation site; MMD95-00001 allowed the portable classroom relocation; MMD2000-00011 allowed an educational structure; MMD2007-00019 allowed the construction of a replacement playground. Tax Lot 200 to the east of the school site has been improved under the following permits: SDR98-00004 approved the construction of a 21,000 square foot office/warehouse/manufacturing building, (Metzger Building). SDR2000-00016 approved new construction of a 10,320 square foot addition to the Metzger building(Jackson Business Center). • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16.2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 3 OF 17 • • J Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for an access drive permitted under CUP2007-00004. An agreement between the parties resulted in this application to compensate the owners of Tax Lot 200 for the loss of 11 parking spaces. Vicinity Information The subject site is bounded by Clean Water Services facilities on the south and west, R-12 residential development to the north across SW Durham Road, and commercial/industrial uses on property zoned industrial park adjacent to ODOT railroad right-of-way and Panto Creek on the east and south.Access to the site is limited to SW Durham Road. Site Information and Proposal Description The subject site is zoned R-12. and I-P, has a Comprehensive Plan Designation of Public Institution and Light Industrial, respectively, and is located south of Durham Road between SW Hall and SW 79th Avenue.The site contains the Durham Elementary School built in 1989 and the historic Durham Center. Since 1989, the access to the school was provided by SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential(R-12) zone to Industrial Park (I-P). The zone change also involves a comprehensive plan map amendment from Public Institution to Tight Industrial The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. • SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to I-P also involves a comprehensive plan map amendment from Public Institution to Light Industrial (the Light Industrial designation serves both the I-P and I-L zones). Therefore,the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations: STAFF REPORT TO TI-IE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 4 OF 17 • COMPREHENSIVE PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on October 24, 2008 in . accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting,no people attended. In addition, the City has mailed notice of the Planning Commission and City Council hearings to property owners within 500 feet of the subject site,interested citizens,and agencies,published notice of the hearing in the newspaper,and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With,these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. LAND-USE PLANNING Goal 2.1 To establish a land use planning process and policy framework as a basis for all decision and action related to use of land and to assure an adequate factual base for such decisions and actions. The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals,policies and procedures for reviewing and evaluating land use requests. • The comprehensive plan amendment and zone change will be reviewed.through the City's Type IV process and will be reviewed in relation to the methodology and intent of the plan, its applicable goals, policies,and the Comprehensive Plan and Zone Amendment criteria. ECONOMY Goal 9.1 Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. • The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to tie existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P).The area will be developed with 10 parking spaces for the Business Center. Approving the request .through this comprehensive plan amendment application demonstrates the flexibility of the City's land use practices to sustain the existing economic development activity in the Jackson Business Center. HOUSING • Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either.present or planned for in the future. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA20013-00013/20N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 5 OF 17 • •• ,r: • The subject site is designated medium density and is located adjacent to SW Durham Road, an arterial street on the City's Transportation System Plan. However, historically the subject site has been used for schools as a conditional use in the residential zone. Recent improvements, including the new driveway access,playground,and'parking lot improvements demonstrate continued use of the subject site for school purposes. In addition, the amount of land (3,153 square feet) proposed to be rezoned from R-12 to I-P is minimal,representing an area that would support only one single-family dwelling under the R-12 zone. Goal 10.2 Maintain a high level of residential livability. • Policy 8: The City shall requite measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments,such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation,natural resources and provision of open space areas; and C. Installation of landscaping and effective buffering and screening. The existing development on Tax Lot 200 (Jackson Business Center) provides a D-2 buffer between the parking lot and the school field to the west in excess of the required C level buffer. The applicant proposes to replace this buffer and screening to the west of the proposed parking spaces. • FINDING: As demonstrated above,.the proposed zone change is consistent with the applicable Comprehensive Plan policies. The change in the Comprehensive Plan Designation from Public Institution to Light Industrial would ensure consistency with the amended zone. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance: The applicant proposes to adjust the:lot line between Tax Lots 200 and 401 and to improve the lot line-adjusted area with 10 parking spaces and landscaping as a minor modification to the existing Jackson Business Center development. The following development standards of the Tigard Development Code apply to these proposed improvements. TIGARD DEVELOPMENT CODE SITE DEVELOPMENT REIVEW(18.360) Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, . shall be processed as a Type I procedure, as governed by Section 18.390.030, using.approval criteria contained in Section 18.360.060. • Section 18.360:060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section•18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: An increase in dwelling unit density or lot coverage for residential development. The proposed change would replace ten parking spaces to the lot line adjusted Jackson Business Center property.The change would not involve any residential uses.This criterion for a major modification is not met. A change in the ratio or number of different types of dwelling units. The change would not involve any residential uses.This criterion for a major modification is not met. A change that requires additional on-site parking in accordance with Chapter 18.765. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC I-TEARING CPA2008-00D13/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 6 OF 17 • 4110 • The proposed change of 10 parking spaces replaces eleven parking spaces removed as a consequence of the District's condemnation proceeding. No additional on-site parking is otherwise required.This criterion for a major modification is not met. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. An increase in the height of the building(s)by more than 20 percent. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Ten parking spaces are proposed for the western edge of the Jackson Business Center property located south of the new driveway to the Durham Elementary School. Construction of these spaces will not affect off-site traffic.This criterion for a major modification is not met. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed parking is replacement parking. No increase in vehicular traffic is expected as a result of the parking improvement.This criterion for a major modification is not met. An increase in the floor area proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. • No floor area is proposed.This criterion for a major modification is not met. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business Center property by 593 square feet. This criterion for a major modification is not met. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As discussed in the previous finding, no reduction in open space would occur with the proposed lot line adjustment and parking improvements. In addition, the applicant proposes to reconstruct the required parking lot landscaped buffer and screening in the lot adjusted area west of the parking lot expansion maintaining the existing landscaping improvement This criterion for a major modification is not met. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. On review of the original permits (SDR98-00004 and SDR2000-00016), the proposed improvements do not modify any of the conditions of approval that are not the subject of above criteria.This criterion for a major modification is not met. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING • CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 7 OF 17 • A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that 1) The proposed development is in compliance with all applicable requirements of this title, and 2)The modification is not.a major modification. FINDING: Pursuant to section 18.360.050 and the analysis above, the proposed parking improvement is a minor modification to the existing Jackson Business Center development. As reviewed below in this staff report the proposed development is in compliance with all the applicable requirements of this title and maybe approved. LOT LINE ADJUSTMENTS (18.410) The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The applicant is' a requesting approval of a lot line adjustment between Tax Lot 200 Uackson Business Center property) and Tax Lot 401(School District property) on tax map 2S113BA. The area of the adjustment is 3,135 square feet,Tax Lot 200 is 2.5 acres and would be 2.57 acres after the adjustment.Tax Lot 401 is 2.79 acres and would be 2.72 acres after the adjustment. An additional parcel is not created by the.proposed adjustment. The minimum lot size in the R-12 zone is 3,050 square feet. Therefore, the proposed reduction is consistent with this standard. By reducing the lot size, the lot or structures(s)on the lot will not be in violation of the site development or zoning district regulations for that district; Playground equipment is present in the vicinity of the proposed lot line adjustment on Tax Lot 401. The equipment would be approximately 28 feet from the adjusted line, consistent with the ten foot side yard setback requirement in the R-12 zone. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b) The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c) Each lot created through the partition process shall front a public right-of-way,by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d) Setbacks shall be as required by the applicable zoning district. The width, area, and setbacks of the subject lots are consistent with the standards of their respective zoning districts as described below in the findings for Zoning Districts. Both lots front on SW Durham Road: Tax Lot 401 for approximately 240 lineal feet and Tax Lot 200 for approximately 380 lineal feet, consistent with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant does not propose additional access with the existing parking lot layout. Therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common drive is not proposed with this lot line adjustment. The common drive for Tax Lots 200 and 401,approved under CUP2007-00004,is consistent with this standard. • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/LON2008.00007/MIS2008-00016/1v1MD2008-00026 PAGE 8 OF 17 • • • Any accessvvay shall comply with the standards set forth in Chapter 18.705,Access,Egress,and Circulation. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004, is consistent with the Access,Egress,and Circulation standards. 18.410.050 Recording Lot Line Adjustments A. Recording,requirements. Upon the Director's approval of the proposed lot line adjustment,the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City,to adjustment incorporated into the record. B.Time limit.The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. A condition of approval will ensure the applicant records the lot line adjustment with the County and •provides the City with a copy of the survey map in a timely manner. FINDING: As described above, the proposed lot line adjustment is consistent with the applicable lot line adjustments standards, subject to the following condition of approval. CONDITION: Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjust lent with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. RESIDENTIAL ZONING DISTRICTS (18.510) The list of permitted,limited,conditional and prohibited uses in residential zones presented in Table 18.510.1, includes "non-accessory parking" as a conditional use when associated with transit-related facilities. The proposed use is replacement parking for the existing industrial development caused by the condemnation of a portion of Lot 401 for access to the Durham school. Non-accessory parking is not an allowed use in the R-12 zone; therefore, a lot line adjustment and zone change is sought with this application. • All development must comply with 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.510.2,and 2) all other applicable standards and requirements contained in this title. This table is combined with Table 18.530.2, below to show compliance with the applicable development standards. INDUSTRIAL ZONING DISTRICTS(18.530) A list of permitted, limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. Upon approval of the rezoning of the subject site fiom R-12 to I-P, the proposed parking lot expansion would be permitted outright in the I-P zone as an accessory use to the existing industrial development. - 18.530.040 Development Standards All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.530.2, and.2) all other applicable standards and requirements contained in this tide. • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/MIS2008-00016/ M D20D8-00026 PAGE 9 OF 17 • •' • • STANDARD I-P R42 PROPOSED IYIF/SP I-P/It 12 Minimum Lot Size None 3,050 sq.ft. na/2.72 acres Minimum Lot Width 50 ft. None na Minimum Setbacks Front yard 35 20/15 ft na Side facing street on corner R through lots 20 20/10 ft na Side yard 0/50 10/5 ft na/28 Rear yard „ 0/50 20/15 ft na Maximum Height 45 ft 35 ft. na Maximum Site Coverage[2] 75%[5] 80% 76%/<80% Minimum Landscape Requirement 25%[6] 20% 24%/>20% [2]Includes all buildings and impervious surfaces. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. • The R-12 zoned property is not currently used for multi-family or single-family housing,but includes the access drive and playground equipment for Durham. Elementary.School. The proposed adjustment of 3,153 feet does not alter the lot s compliance with the above criteria;The resulting parcel is 2.72 acres in size. Structures on the lot consists of playground equipment,which is located approximately 28 feet from the re-located property line, in compliance with the applicable side yard setback requirement. A majority the site is used as a field for the elementary school.-Therefore, the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirements of 20%.' • The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres. There is no minimum lot size requirement;therefore,this lot is in compliance with the zone.The adjustment does not modify the width of the lot at the street. Therefore the lot remains in compliance with the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone as the adjustment moves the western lot line away from the building increasing the side yard setback. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape ercentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business center property by 593 square feet. - FINDING: As described in analysis above,the proposed project meets the applicable requirements of the respective zoning districts. Other applicable standards and requirements contained in this titre are addressed further in this report. ACCESS,EGRESS AND CIRCULATION(18.705) No.building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant submitted a plan set (Exhibit A) and narrative that addresses the access and egress standards, consistent with this standard. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1) Satisfactory legal evidence shall 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. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/MIS2008-00016/MMD2008-00026 PAGE 10 OF 17 0) 1 The applicant provided a joint use and maintenance agreement between the School District and Mr.Metzger for the access over the Jackson Business Center property as a condition of approval of CUP2007-00004. Therefore,this standard has been met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required-standards on a continuous basis. The site has frontage on SW Durham Road, a public street. The existing access provided through the condemnation roceeding, pursuant to CUP2007-00004, connects directly with this street at the intersection of SW 79th Avenue,consistent with this standard. FINDING: The proposed parking lot expansion and associated buffer and landscaped-screening are consistent with the applicable access,egress and circulation standards. • • HISTORIC OVERLAY(18.740) 18.740.020 Applicability of Provisions Designated areas.The historic overlay district shall apply to the following sites and areas: Historic sites and areas;Cultural sites and areas;and Landmarks A portion of the subject site,.Tax Lot 401, is designated R-12 with a Historic Overlay (HD) zone. The Historic District contains the historic Durham Elementary School on an adjacent tax lot approximately 400 lineal feet from the proposed parking lot improvements. 'Designated activities. The provisions of this chapter apply to the demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and the exterior alteration or new construction within the historic overlay zone area,as governed by Section 18.740.030. • FINDING: The proposed lot line adjustment would not affect the historic overlay zone. Upon -line-adjustment;•Mthe.ovsla. -zone would-..continue--to--apply-to-the-- - ---- property subsequently zoned I-P. The proposed.improvements to the newly zoned site include the expanded pars king lot and associated buffer and landscaped screening Due to the distance from the hi tolic resource and the nature of the improvements,as indicated in the applicant's plan set and narrative, the proposed new construction would not affect the architectural character of the resource, consistent with the purposes and standards of this chapter. LANDSCAPING AND SCREENING(18.745) —- Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. • Pursuant to the Buffer Matrix in Table 18.745.1, the proposed parking requires C- Level buffering between parking lots and land zoned for residential use. A buffer consists of an area within-a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses;A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and-landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; • The applicant's Landscape Plan (Sheet L1.0) shows the proposed berm and landscape area within a 15- foot buffer, in excess of the 6 to 10 foot buffer requirement. A note on the plan states the applicant's intention to conform to the applicable landscape planting,standards. However, the applicant's narrative states that required screening trees would not be planted within the buffer because of a perceived conflict with the existing equoias. The City's Arbonst has commented that the applicant apply for a variance to • the buffer standards pursuant to Section 18.745.050.F.2. In addition the City Axborist expressed concern that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias and suggests that the final-landscape plan to be reviewed and approved by the project arborist and himself. - STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE VI OF 17 • • ) Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features,which effectively screen • the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. The applicant proposes to screen the ten additional parking spaces using a berm and raised planters by moving the existing walls and plantings 20 feet to the:west of their current location. By protecting the existing sequoias per the project arboust's recommendations (Tree Cate and Landscapes Unlimited, Tree Protection Plan,dated November 10, 2008) and incorporating them into the parking lot design as shown in the Grading Plan(Sheet C4.0)and Landscape Plan(Sheet L1 ), these standards are met. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: • The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4. subject to review and approval by the City Arborist and the Proj ect Arborist ® The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. • The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. • Failure to follow the plan, or,maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. o The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once • every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the • construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports - are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a.sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures . may be removed and final inspection authorized upon review and approval by the City Arborist. OFF-STREET PARKING AND LOADING(18.765) Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as 'provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant has submitted a narrative and site plan (Sheet C3.0) showing how access, egress, and circulation requirements are fulfilled, consistent with this standard. Location of vehicle parking: STAFF REPORT TO THE PLANNING COMMISSION IV[ARC[-T16,2009 PUBLIC HEARING CPA2008.00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 12 OF 17 • • • Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on.the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4)Long-term spaces. The proposed parking is replacement parking resulting from the School District's condemnation proceeding.The parking is proposed south and adjacent to where the original eleven spaces were removed for the school driveway. Upon adjustment of the proposed lot line, the location for the replacement parking will be on the Jackson Business Center site, consistent with this standard. • Disabled-Accessible Parking: All parking areas shall be .provided with the requited number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. According to the applicant's narrative,the existing parking lot includes adequate ADA spaces.Pursuant to SDR2000-00016, a minimum of 41 parking spaces are required. Two existing ADA parking spaces are provided as indicated on the site plan (Sheet C.30),consistent with this standard. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators According to the applicant's narrative, the proposed parking lot will contain a total of 102 spaces. Therefore,standard is not applicable. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by a two-way private access drive. The proposed design allows room for vehicles to turn around and enter the street so that no backing movement will be required, consistent with this standard. Parking lot landscaping: Parking lots shall be landscaped in accordance with the requirement of Chapter 18.745 This standard is addressed above in the Landscaping and Screening section of this report. • Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's narrative states all areas and parking spaces are marked and signed to show direction of flow and maintain vehicular and pedestrian safety, consistent with this standard. STAFF REPORT TO TIIH PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/MIS2008-00016/1v1MD2008-00026 PAGE 13 OF 17 I)) • Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants site plan (Sheet C3.0) does not show any wheel stops in the proposed parking areas. According to the applicant's narrative, proposed parking spaces contain an area 3-feet deep to be landscaped beyond the curb. The plan set shows the space depth is 18.5 feet to the curb. Therefore, this standard has been met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans dimension the proposed parking spaces to show that 10 spaces will conform to standard sized spaces.The applicant's site plan shows a 24-foot wide isle, consistent with.this standard. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requitement fox parking on upper stories within a multi-story residential building. The proposal does not change the size of the floor area on which the number of bicycle spaces is determined.Therefore, this standard is not applicable. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The applicant states that, pursuant to SDR2000-00016, 41 parking spaces are required with no maximum limit for light manufacturing uses.The applicant states that the site has 101 parking spaces, consistent with this standard FINDING: As described above,the off-street parking and loading standards have been met. TREE REMOVAL (18.790) Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan conducted by Kay Kinyon, a certified arborist.The report contains the four required components, and is therefore acceptable. The applicant identifies six sequoias in the vicinity of the proposed parking area. All six are proposed to be retained and protected under the terms set out in the applicant's arborist report. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 14 OF 17 1 Pursuant to 18.790.040, any tree preserved or retained in accordance with this section map . thereafter be removed only fox the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met FINDING: Not all of the standards of the Tree Removal Chapter have been met. However, with the following condition of approval,the standards can be met. CONDITION: Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. STREET AND UTILITY IMPROVEMENT STANDARDS (18.810) Storm Drainage: General Provisions: Section 18.810.100.A requires developers to. make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: . Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design-and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable-surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer-that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance.with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes- a recommendation that local • governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. . The proposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 15 OF 17 � } • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in•100 percent of the storm water runoff generated from newly created impervious • surfaces. In addition, a maintenance plan shall be.submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommodate.the additional impermeable surface. No additional treatment is required. FINDING: As discussed above, the applicable street and utility standards have been met As reviewed above, the proposed lot line adjustment between Tax Lots 200 and 401, 10-space parking lot expansion,and landscaping and screening as a minor modification to the existing Jackson Business Center development is consistent with the applicable Tigard Development Code standards, consistent with Section 18.380.030.B.2. 18.380.030.B.3 • Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. FINDING: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. Pursuant to the Oregon Circuit Court Immediate Possession Order Case No. C074583CV), the School District obtained.an access easement across Tax Lot 200 for a new access drive to Durham Elementary school. Access had been provided from SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for • renewal. A settlement agreement between the District and Mr. Metzger included the proposed request in. this application. The condemnation proceeding represents a change in the neighborhood, consistent with this standard. C. Conditions of approval. A quasi-judicial decision may be for denial,approval, or approval with conditions as provided by Section 18.390.050.A legislative decision maybe approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be fox denial,approval, or approval with conditions. • SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Arborist reviewed the proposal and provided comments that have been incorporated in the findings of this report. Clean Water Services reviewed the proposal and determined that the project will not significantly impact the existing orpotentially'existing sensitive areas found near the site. STAFF REPORT TO THE PLANNING COMMISSION MARCH I 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/3.41S2008=00016/I 1D2008-00026 PAGE 16 OF 17 • • • SECTION VI. CONCLUSION AND RECOMMENDATION CONCLUSION: Based on the foregoing findings, staff finds that the proposed Comprehensive Plan and Zoning Ma Amendment is consistent with. applicable provisions of the Tigard Comprehensive Plan, statewide • planning goals, Tigard Development Code, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application and may be approved. In addition, based on the foregoing findings, staff finds that the proposed lot line adjustment and minor modification are consistent with the applicable standards of the Tigard Development Code and may be approved,subject to recommended conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed comprehensive plan amendment and zone change. Also recommended for APPROVAL are the Iot line adjustment and minor modification,subject to proposed conditions of approval. • • • • February 27 . 2009 PREPARED BY: liGary Pa g nstecher DATE Associate Planner . • Li! d 4f1 February 27.2009 APPROVED.BY: Dick B ewers• ff DATE Planning M. .:er • • • is\cutpin\gary\CPA\jncksonDurharn EIem(CPA2008-00013)staff report STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING • CPA2008-00013/20N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 17 OF 17 • • • • • : 1 ILI h fd ,I�1����I������,f r �� . ' VICINITY MAP. 1 :NC,TREEST _ ��� ��_.�� - Wr `:4:`R;;;;, sa,.. xbotfs AT .— �� �� �•� I�it, CPA2008-0001320N2008-00007 ,� t ? e �m ��f+�� JACKSON BUSINESS CTR.& m k - = rj ' i � ,,� P' 'rf� DURHAM ELEM,SCHOOL Z _ �r��1111� 4 PLAN&MAP AMENDMENT _/iii �l��� - — �� EHURC ILL WAY m I R.7 /PA[tl LN --Am �� n rzI f��1111 111 ��ils ili#��' • Dom. MMff1 0 fle ��w 11 PIS - ' Subject Site .. )1■ MS= AROLAMN-CTS,` ��� ACOERS'L �\ . DURHAM RD �', ~ 3. 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A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT, ZONE CHANGE, LOT LINE ADJUSTMENT, AND A MINOR MODIFICATION(ORDINANCE NO. 09-04). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MARCH 16, 2009 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON APRIL 14, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: Approval for a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. At the 4/14/09 City Council public hearing, the Council unanimously approved this request, subject to conditions of approval(Ordinance No. 2009-04). ZONES: R-12: Medium-Density Residential District and I-P: Industrial Park District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, H istonc Overlay, 18.745 Landscaping and Screenin ; 18.765,Off-Street Parking and Loading Requirements; Comprehensive Plan Goal # 1,Citizen Involvement;Goal#2,Land Use Planning;and Goal#9,Economic Development;and Goal# 10,Housing. Action: > ❑ Approval as Requested ® Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies Ej Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON MAY 14, 2009. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: Call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09-0 y AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013) AND ZONE AMENDMENT (ZON2008-00007), CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM DENSITY RESIDENTIAL (R-12) ZONE TO INDUSTRIAL PARK (I-P); AND APPROVING A LOT LINE ADJUSTMENT (MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND SCREENING, SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401. WHEREAS, Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the Tigard-Tualatin School District 23J obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school; and a settlement agreement between the School District and Mr. Metzger included the proposed request in this application;and WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050,using standards of approval contained in Subsection 18.380.030.B;and WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the Commission to make a recommendation to the Council on an application for a Comprehensive Plan Map Amendment;and WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires demonstration of compliance with all applicable Comprehensive Plan Policies and map designations; and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinances;and WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in the Comprehensive Plan or . Zoning Map as it relates to the property which is the subject of the development application;and WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the Commission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and Guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; and any applicable Metro regulations;and WHEREAS, the Tigard Planning Commission held a public hearing on March 16, 2009, and recommended approval of CPA2008-00013/ZON2008-00007 and Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026)by motion with a unanimous vote in favor;and ORDINANCE No. 09-Q y Page 1 • • • WHEREAS, the Tigard City Council held a public hearing on April 14, 2009, to consider the request for a quasi-judicial Comprehensive Plan and Zone Map Amendment, Lot Line Adjustment, and Minor Modification and determined that the amendments and development proposals will not adversely affect the health, safety and welfare of the City and meet all applicable review criteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment (CPA2008-00013) and Zone Change (ZON2008-00007) are hereby approved by the City Council. SECTION 2: Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) are hereby approved by the City Council, subject to the conditions of approval in the February 27,2009 Staff Report to the Planning Commission. SECTION 3: The attached findings in the February 27, 2009 Staff Report to the Planning Commission are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By / vote of all Council embers present after being read by number and title only, this Pr"--day of ,2009. Carol A. Krager,Deputy City Recd3er APPROVED: By Tigard City Council this 1 day of ,2009. Craig irksen,Mayor Approved as to form: t'ttorney ].,: : ;ai on File Date By: �� 4.1 .� . Deputy Recorder - City of .'gard✓ / ,. a2DD J ORDINANCE No. 09-0 If Page 2 EXHIBIT A � } � ) Agenda Item: 5 , 1 Healing Date:Match 16.2009 Time: 7:00 PM STAFF REPORT TO THE :; rq PLANNING COMMISSION FOR THE CITY OF TI O TIGARD, OREGON 120 DAYS =NA SECTION I. APPLICATION SUMMARY FILE NAME: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE.PL•AN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment(CPA) CPA2008-00013 Zone Change (ZON) ZON2008-00007 Lot Line Adjustment(MIS) MIS2008-00016 Minor Modification ) MMD2008-00026 PROPOSAL: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment,lot line adjustment,and a minor modification to the existing Jackson Business Center site to accommodate the loss of parkin to the Business Center when the School District condemned a portion of the site Tor a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing_the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. Pursuant to the Oregon Circuit Court thin-Dilate Possession Order(Case Na C074583CV), the School District obtained an access easenvrtt across Tax Lot 200 for a newaazs drew to Durham Elenyntary school A amass had been from SW Shafer Lane under an easermm agr nt across Clean Water Sertices (CWS}�for a period f 20)an without an r-nty for reseed A settlement agra rtt between tlae School District and Mr. Metzger in cu eppropasal west in this application APPLICANT/ Rob Saxton OWNER: David Metzger OWNER Tigard-Tualatin School District 23J Metzger Ventures,LLC 6960 SW Sandburg Street PO Box 400 Tigard,OR 97223 Sherwood,OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S 113BA,Tax Lots 200 and 401,respectively. CURRENT ZONE/ COMP PLAN DESIGNATION: R 12(HD): Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,05-0 square feet. A wide range of civic and institutional uses are also permitted conditionally. The purpose of the Historic District overlay is to facilitate the STAFF REPORT TO THE PLANNING OGMMISSION MARCH 16,2009 PUBLIC HEARING cPA2008-00013/Z0N2008-0000 7/M1S2008-000161MMD2008-00026 PAGE 1 OF 17 IP • protection enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural,social, economic, political and architectural history. The current Comprehensive Plan Designation is Public Institution. PROPOSED ZONE/ COMP PLAN DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review,design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated attractively landscaped, and pedestrian-friendly. The proposed Comprehensive Plan Designation is Light Industrial. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.510,Residential Zoning Districts; 18.5302 Industrial Zoning Districts; 18.705 Access, Egress and Carculation• 18.740 Historic Overlay, 18.745-Landscaping and Screening; 18.765, Off-Street Parking and Hi Loading Requirements; 18.790, Tree Removal; 18.810, Street and Utility Improvement; Comprehensive Plan Goals, #1, Citizen Involvement; Goal#2,Land Use Planning;Goal#9,Economic Development);and Goal#10,Housing. • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification,subject to proposed conditions of approval. • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED LOT LINE ADJUSTMENT AND MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY SI.TE PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or lans that ad-dress the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. 2. The applicant shall either apply for a variance to the buffer standards or submit a revised landscape lan that shows landscaping consistent with the standards for buffering and screening in Table 1-8.745.2 and Section 18.745.050.B.4,subject to review and approval by the City Arborist and the Project Arborist. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON200.8-00007/MIS2008-00016/MMD2008-00026 PAGE 2 OF 17 • 3. The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. 4. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing,determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 6. Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 7. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, 503-718-2434) for a final site review to ensure consistency with this land use decision. SECTION III. BACKGROUND INFORMATION Site History Tax Lot 401 is mostly vacant land, improved with a playground and access to Tax Lot 300 to the west, which is the site of the Durham Elementary School and the historic Durham Center. Staff found the followin g land use decisions applicable to Tax Lot 401: CUP91-00001 allowed the placement and use of a portable classroom structure; CUP95-00006 allowed addition of 39,135 square feet an existing school of 23,830 square feet; SLR2001-00001 allowed the use of a 1/3-acre parcel between Fanno Creek and Durham School as an outdoor nature investigation and observation site; MMD95-00001 allowed the portable classroom relocation; MMD2000-00011 allowed an educational structure; MMD2007-00019 allowed the construction of a replacement playground. Tax Lot 200 to the east of the school site has been improved under the following permits: SDR98-00004 approved the construction of a 21,000 square foot office/warehouse/manufacturing building (Metzger Building). SDR2000-00016 approved new construction of a 10,320 square foot addition to the Metzger building(Jackson Business Center). • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 3 OF 17 • Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for an access drive permitted under CUP2007-00004. An agreement between the parties resulted in this application to compensate the owners of Tax Lot 200 for the loss of 11 parking spaces. Vicinity Information The subject site is bounded by Clean Water Services facilities on the south and west, R-12 residential development to the north across SW Durham Road, and commercial/industrial uses on property zoned industrial park adjacent to ODOT railroad right-of-way and Fanno Creek on the east and south. Access to the site is limited to SW Durham Road. Site Information and Proposal Description The subject site is zoned R-12 and I-P, has a Comprehensive Plan Designation of Public Institution and Light Industrial, respectively, and is located south of Durham Road between SW Hall and SW 79th Avenue. The site contains the Durham Elementary School built in 1989 and the historic Durham Center. Since 1989, the access to the school was provided by SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The zone change also involves a comprehensive plan map amendment from Public Institution to Light Industrial. The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to I-P also involves a comprehensive plan map amendment from Public Institution to Light Industrial (the Light Industrial designation serves both the I-P and I-L zones). Therefore,the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 4 OF 17 1 J *: COMPREHENSIVE PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on October 24, 2008 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, no people attended. In addition, the City has mailed notice of the Planning Commission and City Council hearings to property owners within 500 feet of the subject site, interested citizens,and agencies,published notice of the hearing in the newspaper, and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. LAND USE PLANNING Goal 2.1 To establish a land use planning process and policy framework as a basis for all decision and action related to use of land and to assure an adequate factual base for such decisions and actions. The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals,policies and procedures for reviewing and evaluating land use requests. The comprehensive plan amendment and zone change will be reviewed through the City's Type IV process and will be reviewed in relation to the methodology and intent of the plan, its applicable goals, policies, and the Comprehensive Plan and Zone Amendment criteria. ECONOMY Goal 9.1 Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center anc changing the Medium Density Residential (R-12) zone to Industrial Park (I-P).The area will be developed with 10 parking spaces for the Business Center. Approving the request .through this comprehensive plan amendment application demonstrates the flexibility of the City's land use practices to sustain the existing economic development activity in the Jackson Business Center. HOUSING Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. STAFF REPORT 10 THE PLANNING COMMISSION MARCH 16,2009 PUBLIC ITEARING CPA2008-00013/Z0N2008-00007/MIS2008-00016/MMD2008-00026 PAGE 5 OF 17 S S The subject site is designated medium density and is located adjacent to SW Durham Road, an arterial street on the City's Transportation System Plan. However, historically the subject site has been used for schools as a conditional use in the residential zone. Recent improvements, including the new driveway access, playground, and parking lot improvements demonstrate continued use of the subject site for school purposes. In addition, the amount of land (3,153 square feet) proposed to be rezoned from R-12 to I-P is minimal, representing an area that would support only one single-family dwelling under the R-12 zone. Goal 10.2 Maintain a high level of residential livability. • Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The existing development on Tax Lot 200 Qackson Business Center) provides a D-2 buffer between the parking lot and the school field to the west in excess of the required C level buffer. The applicant proposes to replace this buffer and screening to the west of the proposed parking spaces. FINDING: As demonstrated above,-the proposed zone change is consistent with the applicable Comprehensive Plan policies. The change in the Comprehensive Plan Designation from Public Institution to Light Industrial would ensure consistency with the amended zone. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance: The applicant proposes to adjust the lot line between Tax Lots 200 and 401 and to improve the lot line-adjusted area with 10 parking spaces and landscaping as a minor modification to the existing Jackson Business Center development. The following development standards of the Tigard Development Code apply to these proposed improvements. TIGARD DEVELOPMENT CODE SITE DEVELOPMENT REIVEW (18.360) Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: An increase in dwelling unit density or lot coverage for residential development. The proposed change would replace ten parking spaces to the lot line adjusted Jackson Business Center property. The change would not involve any residential uses. This criterion for a major modification is not met. A change in the ratio or number of different types of dwelling units. The change would not involve any residential uses. This criterion for a major modification is not met. A change that requires additional on-site parking in accordance with Chapter 18.765. STAFF REPORT TO THE PLANNING COMMISSION MARCFI 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 6 OF 17 110' 4111 The proposed change of 10 parking spaces replaces eleven parking spaces removed as a consequence of the District's condemnation proceeding. No additional on-site parking is otherwise required. This criterion for a major modification is not met. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. An increase in the height of the building(s) by more than 20 percent. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Ten parking spaces are proposed for the western edge of the Jackson Business Center property located south of the new driveway to the Durham Elementary School. Construction of these spaces will not affect off-site traffic.This criterion for a major modification is not met. An increase in.vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed parking is replacement parking. No increase in vehicular traffic is expected as a result of the parking improvement.This criterion for a major modification is not met. An increase in the floor area proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No floor area is proposed. This criterion for a major modification is not met. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business Center property by 593 square feet. This criterion for a major modification is not met. • A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As discussed in the previous finding, no reduction in open space would occur with the proposed lot line adjustment and parking improvements. In addition, the applicant proposes to reconstruct the required parking lot landscaped buffer and screening in the lot adjusted area west of the parking lot expansion maintaining the existing landscaping improvement.This criterion for a major modification is not met. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. On review of the original permits (SDR98-00004 and SDR2000-00016), the proposed improvements do not modify any of the conditions of approval that are not the subject of above criteria.This criterion for a major modification is not met. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 7 OF 17 • 4 A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that 1) The proposed development is in compliance with all applicable requirements of this title, and 2) The modification is not a major modification. FINDING: Pursuant to section 18.360.050 and the analysis above, the roposed parking improvement is a minor modification to the existing Jackson Business Center development. As reviewed below in this staff report the proposed development is in compliance with all the applicable requirements of this title and maybe approved. LOT LINE ADJUSTMENTS (18.410) The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment,and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The applicant is a requesting approval of a lot line adjustment between Tax Lot 200 (Jackson Business Center property) and Tax Lot 401(School District property) on tax map 2S113BA. The area of the adjustment is 3,135 square feet. Tax Lot 200 is 2.5 acres and would be 2.57 acres after the adjustment. Tax Lot 401 is 2.79 acres and would be 2.72 acres after the adjustment. An additional parcel is not created by the proposed adjustment. The minimum lot size in the R-12 zone is 3,050 square feet. Therefore, the proposed reduction is consistent with this standard. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Playground equipment is present in the vicinity of the proposed lot line adjustment on Tax Lot 401. The equipment would be approximately 28 feet from the adjusted line, consistent with the ten foot side yard setback requirement in the R-12 zone. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b) The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d) Setbacks shall be as required by the applicable zoning district. The width, area, and setbacks of the subject lots are consistent with the standards of their respective zoning districts as described below in the findings for Zoning Districts. Both lots front on SW Durham Road: Tax Lot 401 for approximately 240 lineal feet and Tax Lot 200 for approximately 380 lineal feet, consistent with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant does not propose additional access with the existing parking lot layout. Therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common drive is not proposed with this lot line adjustment. The common drive for Tax Lots 200 and 401,approved under CUP2007-00004,is consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION ,MARCI-I 16,2009 PUBLIC HEARING CPA 2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 8 OF 17 • } •" Any accessway shall comply with the standards set forth in Chapter 18.705,Access, Egress,and Circulation. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004, is consistent with the Access, Egress, and Circulation standards. 18.410.050 Recording Lot Line Adjustments A. Recording requirements. Upon the Director's approval of the proposed lot line adjustment,the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City,to adjustment incorporated into the record. B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. A condition of approval will ensure the applicant records the lot line adjustment with the County and provides the City with a copy of the survey map in a timely manner. FINDING: As described above, the proposed lot line adjustment is consistent with the applicable lot line adjustments standards, subject to the following condition of approval. CONDITION: Upon approval of the pr000sed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. RESIDENTIAL ZONING DISTRICTS (18.510) The list of permitted, limited, conditional and prohibited uses in residential zones presented in Table 18.510.1, includes "non-accessory parking" as a conditional use when associated with transit-related facilities. The proposed use is replacement parking for the existing industrial development caused by the condemnation of a portion of Lot 401 for access to the Durham school. Non-accessory parking is not an allowed use in the R-12 zone; therefore, a lot line adjustment and zone change is sought with this application. All development must comply with 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.510.2, and 2) all other applicable standards and requirements contained in this title. This table is combined with Table 18.530.2, below to show compliance with the applicable development standards. INDUSTRIAL ZONING DISTRICTS (18.530) A list of permitted, limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. Upon approval of the rezoning of the subject site from R-12 to I-P, the proposed parking lot expansion would be permitted outright in the I-P zone as an accessory use to the existing industrialdevelopment. { 18.530.040 Development Standards All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.530.2, and 2) all other applicable standards and requirements contained in this title. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/G0N2008-00007/M1S2008-00016/M7v1D2008-00026 PAGE 9 OF 17 • STANDARD I-P R-12 PROPOSED MP/SP I-P/R-12 Minimum Lot Size None 3,050 sq.ft. na/2.72 acres Minimum Lot Width 50 ft. None na Minimum Setbacks Front yard 35 20/15 ft na Side facing street on corner&through lots 20 20/10 ft na Side yard 0/50 10/5 ft na/28 • Rear yard 0/50 20/15 ft na Maximum Height 45 ft. 35 ft. na Maximum Site Coverage[2] 75:a[5] 80% 76%/<80% Minimum Landscape Requirement 25%[6] 20% 24%/>20% [2]Includes all buildings and impervious surfaces. • [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. The R-12 zoned property is not currently used for multi-family or single-family housing, but includes the access drive and playground equipment for Durham Elementary Scaool. The proposed adjustment of 3,153 feet does not alter the lot's compliance-with the above criteria: The resulting parcel is 2.72 acres in size. Structures on the lot consists of playground equipment,which is located approximately 28 feet from the re-located property line, in compliance with the applicable side yard setback requirement. A majority of the site is used as a field for the elementary school'Therefore, the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirements of 20%. • The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres. There is no minimum lot size requirement; therefore, this lot is in compliance with the zone.The adjustment does not modify the width of the lot at the street. Therefore the lot remains in compliance with the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone as the adjustment moves the western lot line away from the building increasing the side yard setback. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape ercentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business center property by 593 square feet. FINDING: As described in analysis above, the proposed project meets the applicable requirements of the respective zoning districts. Other applicable standards and requirements contained in this title are addressed further in this report. ACCESS,EGRESS AND CIRCULATION (18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant submitted a plan set (Exhibit A) and narrative that addresses the access and egress standards, consistent with this standard. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1) Satisfactory legal • evidence shall 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. • STAFF REPORT TO THE PLANNING COMMISSION MARCI-I 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 10 OF 17 The applicant provided a joint use and maintenance agreement between the School District and Mr. Metzger for the access over the Jackson Business Center property as a condition of approval of CUP2007-00004. Therefore,this standard has been met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Durham Road, a ublic street. The existing access provided through the condemnation proceeding, pursuant to CUP2007 -00004, connects directly with this street at the intersection of SW 79th Avenue, consistent with this standard. FINDING: The proposed parking lot expansion and associated buffer and landscaped-screening are consistent with the applicable access, egress and circulation standards. HISTORIC OVERLAY(18.740) 18.740.020 Applicability of Provisions Designated areas.The historic overlay district shall apply to the following sites and areas: Historic sites and areas; Cultural sites and areas; and Landmarks A portion of the subject site,.Tax Lot 401, is designated R-12 with a Historic Overlay (HD) zone. The Historic District contains the historic Durham Elementary School on an adjacent tax lot approximately 400 lineal feet from the proposed parking lot improvements. Designated activities. The provisions of this chapter apply to the demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and the exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. FINDING: The proposed lot line adjustment would not affect the historic overlay zone. Upon -_-.-approval--ofthe--lot--line-adjustment;-.-tire--ovelay-zone would-continue to apply--to-the property subsequently zoned I-P. The proposed improvements to the newly zoned site include the expanded parking lot and associated buffer and landscaped screening. Due to the distance from the historic resource and the nature of the improvements,as indicated in the applicant's plan set and narrative, the proposed new construction would not affect the architectural character of the resource, consistent with the purposes and standards of this chapter. LANDSCAPING AND SCREENING (18.745) - Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. Pursuant to the Buffer Matrix in Table 18.745.1, the proposed parking requires C- Level buffeting between parking lots and land zoned for residential use. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses,. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; The applicant's Landscape Plan (Sheet L1:0) shows the proposed berm and landscape area within a 15- foot buffer, in excess of the 6 to 10 foot buffer requirement. A note on the plan states the applicant's intention to conform to the applicable landscape planting.standards. However, the applicant's narrative states that required screening trees would not be planted within the buffer because of a perceived conflict with the existing sequoias. The City's Arborist has commented that the applicant apply for a variance to the buffer standards pursuant to Section 18.745.050.F.2. In addition the City Arborist expressed concern that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias and suggests that the final landscape plan to be reviewed and approved by the project arborist and himself. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-0001 3/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 11 OF 17 • Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features, which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. The applicant proposes to screen the ten additional parking spaces using a berm and raised planters by moving the existing walls and plantings 20 feet to the west of their current location. By protecting the existing sequoias er the project arborist's recommendations (Tree Care and Landscapes Unlimited, Tree Protection Plan, dated November 10, 2008) and incorporating them into the parking lot design as shown in the Grading Plan (Sheet C4.0)and Landscape Plan(Sheet L1.0), these standards are met. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: • The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4. subject to review and approval by the City Arborist and the Project Arborist. ✓ The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. • The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or. maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. • The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (113Z) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. OFF-STREET PARKING AND LOADING (18.765) Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant has submitted a narrative and site plan (Sheet C3.0) showing how access, egress, and circulation requirements are fulfilled, consistent with this standard. Location of vehicle parking: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 12 OF 17 • • Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4) Long-term spaces. The proposed parking is replacement parking resulting from the School District's condemnation fproceeding. The parking is proposed south_and adjacent to where the original eleven spaces were removed or the school driveway. Upon adjustment of the proposed lot line, the location for the replacement • parking will be on the Jackson Business Center site, consistent with this standard. Disabled-Accessible Parking: All parking areas shall be provided with the requited number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the applicant's narrative,the existing parking lot includes adequate ADA spaces. Pursuant to SDR2000-00016, a minimum of 41 parking spaces are requited. Two existing ADA parking spaces are provided as indicated on the site plan (Sheet C.30), consistent with this standard. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators According to the applicant's narrative, the proposed parking lot will contain a total of 102 spaces. Therefore, standard is not applicable. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by a two-way private access drive. The proposed design allows room for vehicles to turn around and enter the street so that no backing movement will be required, consistent with this standard. Parking lot landscaping: Parking lots shall be landscaped in accordance with the requirement of Chapter 18.745 This standard is addressed above in the Landscaping and Screening section of this report. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's narrative states all areas and parking spaces are marked and signed to show direction of flow and maintain vehicular and pedestrian safety, consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCI-I 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 13 OF 17 • • Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants site plan (Sheet C3.0) does not show any wheel stops in the proposed parking areas. According to the applicant's narrative, proposed parking spaces contain an. area 3-feet deep to be landscaped beyond the curb. The plan set shows the space depth is 18.5 feet to the curb. Therefore, this standard has been met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans dimension the proposed parking spaces to show that 10 spaces will conform to standard sized spaces.The applicant's site plan shows a 24-foot wide isle,consistent with this standard. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The proposal does not change the size of the floor area on which the number of bicycle spaces is determined. Therefore, this standard is not applicable. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The applicant states that, pursuant to SDR2000-00016, 41 parking spaces are required with no maximum limit for light manufacturing uses. The applicant states that the site has 101 parking spaces, consistent with this standard. FINDING: As described above, the off-street parking and loading standards have been met. TREE REMOVAL (18.790) Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan conducted by Kay Kinyon, a certified arborist. The report contains the four required components, and is therefore acceptable. The applicant identifies six sequoias in the vicinity of the proposed parking area. All six are proposed to be retained and protected under the terms set out in the applicant's arborist report. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 14 OF 17 • S Pursuant to 18.790.040, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Not all of the standards of the Tree Removal Chapter have been met. However, with the following condition of approval,the standards can be met. CONDITION: Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. STREET AND UTILITY IMPROVEMENT STANDARDS (18.810) Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. . The roposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. STAFF REPORT TO THE PLANNING COMMISSION MARCI 116,2009 PUBLIC 1-DARING CPA2008-00013/7_ON200S-00007/MIS2008-00016/MMD2008-00026 PAGE 15 OF 17 • , • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommodate the additional impermeable surface. No additional treatment is required. FINDING: As discussed above, the applicable street and utility standards have been met As reviewed above, the proposed lot line adjustment between Tax Lots 200 and 401, 10-space parking lot expansion, and landscaping and screening as a minor modification to the existing Jackson Business Center development is consistent with the applicable Tigard Development Code standards, consistent with Section 18.380.030.B.2. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. FINDING: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school. Access had been provided from SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. A settlement agreement between the District and Mr. Metzger included the proposed request in this application. The condemnation proceeding represents a change in the neighborhood, consistent with this standard. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be for denial, approval, or approval with conditions. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Arborist reviewed the proposal and provided comments that have been incorporated in the findings of this report. Clean Water Services reviewed the proposal and determined that the project will not significantly impact the existing or potentially'existing sensitive areas found near the site. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008.00016/I■D4D2008-00026 PAGE 16 OF 17 1 SECTION VI. CONCLUSION AND RECOMMENDATION CONCLUSION: • Based on the foregoing findings, staff finds that the proposed Comprehensive Plan and Zoning Ma Amendment is consistent with applicable provisions of the Tigard Comprehensive Plan, statewide planning goals, Tigard Development Code, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application and may be approved. In addition, based on the foregoing findings, staff finds that the proposed lot line adjustment and minor modification are consistent with the applicable standards of the Tigard Development Code and may be approved, subject to recommended conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed comprehensive plan amendment and zone change. Also recommended for APPROVAL are the lot line adjustment and minor modification, subject to proposed conditions of approval.• • eA .:::L, 6„.,,,, p . February 27 , 2009 PREPARED BYGaiy Pag nstecher DATE Associate Planner r • A _ ___ (1::::,,) �(�{�l' c� February 27, 2009 APPROVED BY: Dick Bewers• ff DATE Planning Man•ger • • is\cumin\gory\CPA\Iackson Durham Elem(CPA2008-00013)staff report • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 17 OF 17 1 , i ate 10=thifi `• VICINITY MAP'•EANGIREE.ST law r�, Id Z '> �� :Rensisssnce 6tmoas , :' 1r 'r , �m� : rollig_ <.: cPA2oos-000�arzoN2oos-00007 In L. mu= �(�� ,� JACKSON BUSINESS CTR.& . /2 pp"' a�� _: -E, . ..~� - l �� DURHAM ELEM.SCHOOL so—I ir k :_ �� I--� �a�r > �� PLAN&MAP AMENDMENT ao' r a0. �� I r� �r'CHURCHIIL WAY f MI �PRTTI W ; i'C alma.11111111111111 ii, 1 .11111111 -t- ���� a, exmo S. 7 gill E", �=orvat?'hs,i�� ���'��� ■ Subject Site Imihrim all ...N......‹\,;:,. • •.:, j Ilk Jill 111111111aw DURHAM RD r � ! -I --- _ : . .T S �13BAOO20- 4 Q 251i33B/1rJ040.1 _-_-�� /�"/ ,. • .. — • >• SHAFFER IN I P.:1;01-.4.0.70: :.` J V. -.r e °✓� 4 / . s :;./; ant; on this map Is for general location i.,,,r'. only and should be verified with the Development Services Division o- `, Scale 1:5.066-1 In a 422 ft •` I Map Printed at 28-Jan-09 10:44 AM J-" i DATA Is DERIVED PROM MULTIPLE SOVRCES.Tiff MOP TIGARD Mwe ND wARRNRY.REPRelDRtneo OROUAPAKTEEA4 TO THE OtYJTEM.ATLIRALY IYE6UESS OROpyPARTN�60V:WINTIE DATAPRONOEDN TMECnY FONS RINiCCU A53YMl ND . 1 L taemoV PROVIDED REGARDLESS Of NOW R•NE • •f 13125 City Of Blvd I4A . Tigan OR 97223 . 303 639-4171 •a • ft www.tigard-orgov Tlcti.D•Ountem C,ry Prsrk f. 1 • d •�+ ryr \–x --x— i-• �i, -��_»-- DURHAM RD. . • . • • _ _ c � a = . moo . • • • ET RSTWO \ • � lfJ if LW DSCAPE • ) TO EIMIN K • ' \ • EXISTING . LANDSCAPE :• TO11E140( • ...• .`(jam ..• . % ® l I ///////%/////////////////////�•• ® f F 0x�s GESSO��� _/ 1 / G • x L�.:ry • / METZGER PROPERTY Y 7000 SW DURHAM ROAD I. is ANT10PAIEDLMV7 •:I DURHAM S�":'::: ••••:•::-:::::::::$:::: Of oullmDK cE ELEMENTARY ,L?=;/ OFPR PROPOSED ARFA SCHOOL w,••,•:•••.:::-::•::•: OF PROPOSED STN.LS PROPERTY c � •• E TRIO EVERGREEN g 1Y:$:j:Ij::: '1REE TORENVN `. / • _..•... ' PROTECT TREES . 4:>i.• WRING CONSIRUC1KN1 PROPOSED FENCE ;411e.: - . . . . . • • - (A ` REPLACEE'DROC ALLA P. • - �..::• ...� TREE TO REWDI(TY REPLACE ROSE WALL PTAFIIER E .. TREE TO PENA W(TYP) • UTILIZE EXISTING PLANTS E70 YTIND LANDSCAPE • ' • GREATEST EXTENT pOSSIOLE• �'•`•''`''`" • INFR.L AS NECESSARY WUN UK! �� iO REMAIN ITYPI • PLANTINGS TO PROVIDE COMPLETE NOTE: • • ' SCREENING 0PRO IDE CO 11.41:•.. ALLPWRI NARNAL IN AREAS DENOTED BY HATCH ANOANV ADOIRONAL AREAS DIS7IMBEDSY fANSTRIFCTN)IfAC11VIREb . .}•::- ::::; .SR All BE TRANSPLANTED TO THE RELOCATED ROCK PWOER . _ . AREA WESY OF 1HE PROPOSED PARIONG STMIS. I'.:'"ii - . ! * .EXISTING• Ex1SIINO FENCE • - SOCCER / • - . y T . } • CPA2008-00013/ZON2008-00007 JACKSON BUSINESS CTR. & • DURHAM ELEM. SCHOOL PLAN&MAP AMENDMENT n In person n electronic r I mailed • M DtCD Notice of Adoption THIS FORM MUST BE MAILED TO DLCD f WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610, OAR CHAPTER 660-DIVISION 18 For i)l_C[)Use Only Jurisdiction: City of Tigard Local file number: CPA2008-00013 Date of Adoption: 4/14/09 Date Mailed: 4/17/09 Was a Notice of Proposed Amendment (Form 1)mailed to DLCD? Yes Date: 1/30/09 ❑ Comprehensive Plan Text Amendment ® Comprehensive Plan Map Amendment Li Land Use Regulation Amendment N Zoning Map Amendment ❑ New Land Use Regulation n Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The applicant proposes adjusting the common lot line to transfer 3,153 sq. ft. from the Durham Elementary School to the Jackson Business Center and changing the Medium-Density Residential (R-12) zone to Industrial Park (I-P) to accommodate the loss of parking to the business center when the school district condemned a portion of the site for a new access to the school. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: Medium Density Residential to: Industrial Park Zone Map Changed from: R-12 to: I-P Location: Bounded by SW Durham Road, across from 79th Avenue Acres Involved: 3,153 sq. ft. Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? ❑ YES ®NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? n Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. Please list all affected State or FeSal Agencies, Local Governments or S,ial Districts: Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Blvd. Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: garyp(a,tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days 'of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 r • U.S. Postal ServiceTrt C E R Attn: Patty/Planning (Domes RE: CPA2008-00013 'ed) For deliv Jackson Business Cntr./TTSD 23J I 43 "Notice of Adoption" m Postage , °�flifigilill m i @O ��,7 Certified Fee ra ' Postmark rn ° O Return Receipt Fee �etb- c� p (Endorsement Required) 1 t." a-t•N : C3 ' / Restricted Delivery Fee lk 0 r (Endorsement Required) I=3 t�,,. , ra cO Total Postage&Fees iml fii Sent To en ATTN: PLAN AMENDMENT SPECIALIST Jteet,Apt No.; ' Oregon Dept.of Land Conservation&Development C7 or PO Box No. 635 Capital Street NE,Suite 150 City,State,ZIP+4 Salem,OR 97301-2540 PS Form 3800,August 2006 See Reverse for Instructions — SENDER: COMPLETE THIS SECTION ' COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A 19 'I PIM i tem y if Restricted Delivery is desired. I1 ,al A ■ Agent 1 • Print your name and address on the reverse • Addressee 1 so that we can return the card to you. B. iM' ��t`■ Attach this card to the back of the mailpiece, '�i'�� ltl or on the front if space permits. r �rrn�, a�'� t D. s•-1w- •ad.ress""T• •m�1' �l 1. Article Addressed to: If YES,enter delive address below: • No - - - - -- - ATTN: PLAN AMENDMENT SPECIALIST 1 i Oregon Dept.of Land Conservation&Development . 635 Capital Street NE,Suite 150 ',i 1 Salem,OR 97301-2540 3. Service Type ed Certified Mail ❑Express Mail - - • ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article ( 7008 2810 0001 3831 8804 (Transfer from service labe0 1 , /, ■i PS Form 3811,February 2004 Domestic Return Receipt a... _, 021v1-1 5ab f • • • Patty Lunsford From: Carol Krager Sent: Wednesday, April 15, 2009 11:04 AM To: Patty Lunsford Cc: Gary Pagenstecher Subject: Ordinance from April 14, 2009 Council Meeting (TTSD/Jackson Business Park) Attachments: Carol Krager.vcf I've put a certified copy of approved Ordinance No. 09-04 in your box, as well as the sign up sheet. No one signed up to speak. The applicant, Michele Simantel of WRG Design, Inc. was the only one that spoke. There was no other public testimony, for or against. City of Tigard i Carol Krager - Deputy 017'.,. Recorder 13125 SW Hall E,l'vd. Tigard,OR 97223 `503) 718-2419 cat ralk Ic tigard-or.ac v L_ 1 • AgendaSm No. Meeting of -717 a 7 /cP" P-007 City of Tigard .}` Tigard Business Meeting — Minutes TTiGARE TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: April 14, 2009 — 6:30 pm Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STUDY SESSION At 6:30 PM Mayor Dirksen called the Tigard City Council Study Session to order. Present at Study Session: Mayor Dirksen, Councilor Webb, Councilor Buehner, Council President Wilson, Councilor Henderson, City Manager Prosser,Assistant City Manager Newton,Attorney Ramis, Community Development Director Bunch,Development Review Manager McMillan,Public Works Director Koellermeier, Finance and IT Director LaFrance,Deputy Recorder Kroger,Paul Boundy of LRS Architects and Tigard Times Reporter Cooke. > Discussion on Withdrawing Participation in the Tualatin Basin Water Supply Project (TBWSP) and Terminating Membership in the Joint Water Commission (JWC) Public Works Director Koellermeier said Council received letters for review in their packets regarding terminating membership in the Joint Water Commission and withdrawing participation in the Tualatin Basin Water Supply Project. He said these had been approved by the Intergovernmental Water Board. He said timing was important and this must be accomplished by the end of the fiscal year. Council agreed that the City should proceed and asked Public Works Director Koellermeier to bring these items to Council for approval at a meeting in the near future. > Review Tigard's 20-Year Facility Plan Public Works Director Koellermeier referred to the final draft plan which reflects changes made after Council discussion in December. He introduced consultant Paul Boundy from LRS Architects who summarized the recommended changes. • Review of Police Department Facility. They currently have 15,000 square feet in facilities, mixed between their physical space and evidence storage. Their need is now identified as 50,000 square feet which is not much more than the 48,000 square feet listed in December. Some of their space needs have moved up in priority and their current need is now identified at 28,000 square feet. This includes evidence storage,evidence processing,training facilities and locker facilities. • Ultimately,the Courts Facility will be moved into the Police Station. • There will be the addition of a training facility/community room and a pistol range (could be shared by multiple law enforcement agencies and would save travel time to other facilities) • Overall, the current Public Works Building is still considered the best facility for Tigard's Police Department. TIGARD CITY COUNCIL/LCRB MINUTES—APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of12 • S • There will be more verticality in City buildings. • City Hall will have three floors and the Permit Center will have two floors. • There needs to be an identifying element at the Permit Center that is visible on Hall and Burnham to mark the Burnham corridor gateway into the downtown Council President Wilson said this version is more compact and much better. Councilor Henderson asked if the Police Chief wanted a satellite station. Public Works Director Koellermeier said another precinct was not envisioned for Tigard. City Manager Prosser said there are currently off-site offices at Tigard High School and Washington Square, but these are more drop-in spaces for writing reports. Councilor Henderson raised the possibility of a police presence near the WES station. Public Works Director Koellermeier said if there were no further questions, adoption of this 20-Year Facility Plan will be scheduled for an Informational Public Hearing. He said at that point staff would do a complete presentation on the document and Council would consider adoption of the Plan. City Manager Prosser presented some administrative items: • The Council Workshop Meeting of April 21 has an Executive Session on Labor Negotiations added so it will start at 6:00 p.m.,followed by the Workshop Meeting. • April 25, 2009 is Curtis Tigard's 100th birthday and a celebration is planned for 1-4 PM in the Library Community Room. Mayor Dirksen is unable to attend. Council President Wilson, Councilor Webb, Councilor Buehner and Councilor Henderson will be there for a short meeting to approve a Resolution naming the Canterbury property the East Butte Heritage Park. Mayor Dirksen wrote a letter wishing Mr.Tigard a happy birthday,which Council President Wilson will read at the celebration. • The Chamber of Commerce Shining Stars banquet is on April 24,2009. • There is a "Tip a Cop" fundraiser is on Saturday,April 18, from 11:30 AM to 8:00 PM. City of Tigard police officers will serve coffee at the Washington Square Red Robin restaurant. All tips received by the officers will be donated to Oregon Special Olympics. At 6:48 PM Mayor Dirksen announced that the Tigard City Council would enter into Executive Session under ORS 192.660(2) (e) to discuss real property transaction negotiations. Present at Executive Session: Mayor Dirksen, Councilor Webb,Councilor Buehner, Council President Wilson, Councilor Henderson, City Manager Prosser,Assistant City Manager Newton,Attorney Ramis, Community Development Director Bunch,Development Review Manager McMillan, Finance and IT Director LaFrance, Deputy Recorder Krager and Tigard Times Reporter Cooke. The Executive Session ended at 7:00 PM. and the Study Session continued. At 7:10 PM Police Chief Dickenson arrived. TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 12 • • Burnham Street Project: Development Review Manager McMillan discussed potential alternatives for the Burnham Street project since the$8 million will take all the TIF and gas tax money. She said WHPacific was hired to review plans and specifications to ensure compatibility and look for anything missing that lead to change orders in the field during construction. Coffman Construction is bidding the project so Development Review Manager McMillan can compare it to the engineering estimate. She said the economy may help the City get a lower bid. She said the second step with Coffman Construction would be evaluation of value engineering options. She said these would be brought back for Council consideration with cost savings identified. City Manager Prosser said he asked for preparation of these alternatives because the Burnham Street Project cost,revenue bond and debt service required for the next ten years will have a serious impact on the City's transportation budget. The Budget Committee will also be considering whether to phase or scale down the project. > Fanno Creek Re-meander: City Manager Prosser said Clean Water Services has a plan to re-meander Fanno Creek. Development Review Manager McMillan said the re-meander will be postponed until the summer of 2010. She drew a diagram for those in attendance and discussed the plan. She said some reinforcing work will be done this summer so staff is preparing outreach materials describing this two-year project. Councilor Buehner asked if the City will have to remove any bridges. Development Review Manager McMillan said none would be removed this year. Community Development Director Bunch emphasized that as the City gets deeper into this project there are many opportunities to reexamine some ideas and save money. He said there may be an adjustment to the Fanno Creek Park Master Plan as the park develops over time. He also noted that there were permit issues that weren't vetted earlier. He said staff will evaluate this carefully and return to Council with any recommended changes that: • Save money • Address permitting issues • Make practical sense He said it is important to honor the process that the Fanno Creek and Park Master Plan Committee went through to design this park. Councilor Buchner asked that the CCAC be kept in the loop. City Manager Prosser said there was a citizen advisory group and they will be involved. Councilor Buehner asked when heavy equipment would show up in Fanno Creek Park. City Manager Prosser said prior to mobilization there will be an opportunity to provide public information and education. Public concern is to be expected when equipment is moved into a natural area. Mayor Dirksen suggested using a landscape architect to look at restored area planning plans so the plants appear more naturally arranged,not as if on a tree farm. Development Review Manager McMillan said the City could work with Walker Macy and Clean Water Services on this. Council President Wilson mentioned that in his professional career he has never worked on a park project where the plan did not go before a Park Board. At 7:22 PM the Study Session was adjourned. TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of12 • • 1. BUSINESS MEETING 1.1 At 7:33:10 PM Mayor Dirksen called the meeting of the Tigard City Council and Local Contract Review Board to order. 1.2 Roll Call Present Absent Councilor Buehner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x 1.3 Mayor Dirksen introduced Cub Scout Troop 735 who presented the colors and led the Pledge of Allegiance. Mayor Dirksen thanked the troop and gave them each a City of Tigard pin. 1.4 Council Communications&Liaison Reports -None 1.5 Call to Council and Staff for Non-Agenda Items 7:36:29 PM City Manager Prosser announced that the "Tip a Cop" fundraiser done by police agencies in cooperation with Red Robin restaurants would be held on Saturday,April 18, 2009. He said Tigard police officers will be at the Washington Square Red Robin from 11:30 AM to 8:00 PM accepting tips for pouring coffee. All tips and donations go to the Oregon Special Olympics. 2. CITIZEN COMMUNICATION • Tigard High School Student Envoy—Alexa Kanbergs 7:38:19 PM gave a report on upcoming events at the high school. A copy of her report is on file in the City Recorder's Office. • Follow-up to Previous Citizen Communication-None • Citizen Sign Up Sheet- None 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) 3.1 Approve City Council Minutes for February 10 and 24,2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve Application to the Department of Justice for the Edward Byrne Memorial Justice Assistance Formula Grant GAG) under the FY 09 Recovery Act 3.4 Authorize Issuance of Work Order Agreements to Amec Earth&Environmental 3.5 Approve Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) for the American Recovery and Reinvestment Act(ARRA)Pavement Overlay Project— Resolution No. 09-19 — A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE PAVING OF PORTIONS OF BONITA ROAD, DURHAM ROAD, AND 72ND AVENUE IN THE CITY USING FUNDING PROVIDED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA) TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 www.tigard-or.gov I Page 4 of12 • • 7:41:15 PM Councilor Webb moved to approve the Consent Agenda. The motion was seconded by Councilor Buehner and it passed unanimously. Yes No • Councilor Buehner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x 4. DISCUSSION WITH SENATOR GINNY BURDICK AND REPRESENTATIVE LARRY GALIZIO A. Legislative Briefing 2009 7:41:34 PM Representative Galizio was not present. Senator Burdick thanked Mayor Dirksen for his regular visits to Salem with City Manager Prosser and Assistant City Manager Newton. She said these help her to stay connected and up-to-date on Tigard's legislative agenda. She thanked Councilor Buchner for attending a Town Hall in early April. She discussed Senate Joint Resolution (SJR) 29 and said she hopes it will stabilize the state revenue system. She noted the unemployment rate now equals what it was in the early 1980's. She said the State of Oregon is facing a potential$4.4 billion budget shortfall, and Education,Public Safety, Human Services and Healthcare are 95% of what State government does. She said the legislature will have a better idea of where the State stands financially when the May forecast is released. Mayor Dirksen asked if there was any other legislation needing particular attention. Senator Burdick said that as Revenue Chair, she is looking at programs that while politically popular, need to be examined. B. Consideration of a Resolution to Support the Oregon Legislature's Senate Joint Resolution 29 (SJR 29) Mayor Dirksen said the Tigard City Council would be considering a Resolution to support Senate Joint Resolution 29, also known as the Rainy Day Fund.7:55:42 PM Councilor Buehner clarified that SJR 29 is a proposal that would be presented to the voters. RESOLUTION NO. 09-20 - A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING SJR 29 OF THE STATE LEGISLATIVE ASSEMBLY TO CREATE A RESERVE FUND TO PROVIDE FUNDING IN RESPONSE TO ECONOMIC DECLINE Council President Wilson moved to approve Resolution No. 09-20. Councilor Webb seconded and motion passed. Yes No Councilor Buchner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x - TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of 12 • • Senator Burdick said she was a Chief Sponsor of SJR 29 and she was proud that her City supports this. Councilor Henderson asked if 7:57:33 PM dedicated funds in Oregon's budget are in as much jeopardy as the General Fund. Senator Burdick replied, "A lot of that is matching funds so when we cut the General Fund for things like Human Services we lose sometimes as much as a two to one match." Councilor Buchner asked about the status of the transportation package. Senator Burdick said the transportation package is still a work in progress. She mentioned that some things under consideration are the gas tax and other fee increases. She said she is watching to make sure it doesn't interfere with Tigard's ability to use its own gas tax for local projects. She commended Tigard citizens for stepping up when things needed to get done. She said she expected the transportation package to be released shortly before or after May 15,2009. In response to Councilor Henderson's question about whether the legislature would have a mid-term session,Senator Burdick responded that they are continuing with that program. Council thanked Senator Burdick for coming and keeping Tigard citizens informed. 5. 8:02:10 PM PRESENTATION OF TREE STEWARDSHIP AWARDS Assistant Planner Daniels,Associate Planner Floyd and Arborist Prager presented a PowerPoint,which is on file in the City Recorder's Office. Assistant Planner Daniels said Tigard celebrates the entire month of April as Arbor Month and discussed upcoming events as well as events that took place on Arbor Day at Alberta Rider Elementary and Templeton Elementary. Arborist Prager said the tree planting at Alberta Rider was important since landscaping was cut from the budget when the school was built. A planting for over 100 trees was designed and completed. He said it was so successful the Tigard-Tualatin School District wants to continue the partnership and the City does as well, because local schools really need the trees and the City can use these areas to increase Tigard's tree canopy. 8:04:21 PM Arborist Prager said Tigard was recognized as a Tree City USA for the eighth consecutive year. He noted that this year Tigard was awarded a Tree City USA Growth Award which is only given to a few cities in Oregon. Tigard received this award due to expanded community outreach efforts on tree issues, recognizing citizens through an expanded awards program, doing urban forest comprehensive planning and partnering with the green industry, hiring landscape architects and contractors to help use the Tree Fund to plant trees. 8:07:59 PM Associate Planner Floyd said the City is recognizing three citizens and organizations who have contributed to Tigard's urban forest.The following were presented with Tree Steward awards: • Phil Thomberg and other members of Tigard Community Friends Church • Michael O'Loughlin • Sue Manning 8:12:34 PM Assistant Planner Daniels thanked all Tigard residents who continue to support Tigard's urban forestry efforts. TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 6 of 12 • • 6. QUASI-JUDICIAL PUBLIC HEARING — JACKSON BUSINESS CENTER AND DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013), ZONE MAP AMENDMENT (ZON2008-00007), LOT LINE ADJUSTMENT (MIS2008-00016), AND MINOR MODIFICATION (MMD2008-00026) A. City Attorney Ramis read the Quasi Judicial Public Hearing Procedures,noting that a copy of these procedures and a testimony sign-up sheet was available at the front of Town Hall. He asked if there was anyone present besides the Applicant who wanted to testify. No one came forward. B. Mayor Dirksen asked Council if there had been any ex parte contact. Council President Wilson said he drove through the parking lot of the site today. Councilor Buehner said she drives past the site many times during a day. C. Mayor Dirksen asked if there was any challenge from the audience pertaining to the Council's jurisdiction to hear this matter or if there was a challenge on the participation of any member of the Council. There was none. D. Mayor Dirksen opened the Public Hearing at 8:18 PM and asked for the staff report. Associate Planner Pagenstecher gave the staff report on the project,including the Comprehensive Plan Change from Public Institution to Light Industrial, Zone Change from R-12 to Industrial Park, Lot Line Adjustment and Minor Modification to the original site development review. He said based on the findings in the staff report the proposed Comprehensive Plan and Zoning Map Amendment is consistent with the applicable provisions of the Tigard Comprehensive Plan, Statewide Planning Goals,Tigard Development Code and provides evidence of a change in the neighborhood as it relates to the property which is the subject of the development application. He said that in addition, staff finds that the Lot Line Adjustment and the Minor Modification are consistent with applicable standards of the Tigard Development Code and are subject to provisions of approval. The conditions of approval include recording of the Lot Line Adjustment,adequate screening between the properties and tree protection measures. He said the Planning Commission recommended approval by unanimous vote and no public comment has been received on this application to date. 8:20:32 PM Council President Wilson asked if there was any possibility of doing this without a Zone Change. He asked for clarification on the accessory parking. Associate Planner Pagenstecher said if they just wanted to improve and provide more parking in the School District property they wouldn't be able to do it because it is not an allowed use. Council President Wilson said he was concerned about precedent. He directed a question to the City Attorney about whether there is a sense of obligation on the City's part because it was another government agency requesting the zone change. He asked to what degree another applicant could look at this case and require the City to interpret a zone change the same way. 8:22:52 PM City Attorney Ramis replied that if the question is whether the City would be obligated in the future, the answer is no. He said, "Oregon Courts and LUBA have been pretty clear that when it comes to issues like this, each piece of land is unique 8:23:39 PM Councilor Buchner asked if this case was generous enough that the City will be protected. City Attorney Ramis said these cases don't set precedent and are not binding unless a standard is TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW_Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 7 of 12 • • specifically defined, or ambiguous words are defined. He said he didn't see that specific interpretation here. 8:24:45 PM Council President Wilson asked if the loss of 11 parking spaces puts the owner in any kind of substandard condition that would impact their future business. Associate Planner Pagenstecher said he would have to defer to the applicant but he thought they had enough parking spaces. Council President Wilson said the applicant made an assertion that they couldn't put in 10 more parking stalls but didn't submit a plan of their entire site for staff or Council review. He went to the site and it appears to him that the existing layout is extremely inefficient. He said he didn't have a problem with this particular application but was just concerned about precedent. E. Public Testimony - Applicant 8:26:33 PM Michelle Simantel,WRG Design, 5415 SW Westgate Drive, Portland, OR 97221, said she agrees with the staff report and all conditions. She said, "In terms of parking standards we have plenty per code standard but replacing these parking spaces is important to the owner,Mr. Metzger." She asked if Council had any additional questions. - Proponents -None - Opponents -None F. Staff Recommendation: Associate Planner Pagenstecher said staff recommends that Council adopt the Ordinance amending the Comprehensive Plan and Zone Map and approving the associated Lot Line Adjustment and Minor Modification,with conditions. G. Mayor Dirksen closed the Public Hearing. 8:28:25 PM H. Mayor Dirksen commented that lining up the access road with the intersection was smart. He asked Council if there were any other questions or comments before considering Ordinance No. 09-04. ORDINANCE NO.09-04-AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013)AND ZONE AMENDMENT(ZON2008-00007),CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM DENSITY RESIDENTIAL(R-12)ZONE TO INDUSTRIAL PARK(I-P);AND APPROVING A LOT LINE ADJUSTMENT(MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND SCREENING, SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401. Councilor Buehner moved for adoption of Ordinance No. 09-04 and Council President Wilson seconded the motion. 8:33:30 PM The motion passed unanimously. Yes No Councilor Buehner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 8 of12 • • 7. BUILDABLE LANDS INVENTORY AND LAND USE TRENDS REPORT Senior Planner Wyss presented a PowerPoint Presentation which is on file in the City Recorder's Office 8:34:19 PM He defined the Buildable Lands Inventory (BLI) as a database of land that is identified as undeveloped, available, and compatible with development policies and practices. He said the City's BLI is stored in a GIS database which stores key information such as zoning, location, size and development status. He said the City completes an update of the BLI on a yearly basis and described the process the City goes through to develop the inventory. Excluded from the BLI are publically owned properties,water quality or open space tracts that are part of a subdivision, land within the 100-year floodplain,wetlands, environmental buffers, and all public rights-of-way. He said only 8% of land in the City is included in the BLI and is on predominantly residential land. Breaking down the buildable land by zoning districts shows that the majority of buildable commercial land is in the Tigard Triangle. He said there is no Industrial-Heavy land remaining. Light Industrial land totals 17.4 acres. 80% of the I-P land is located on one property. Councilor Buehner referred to a parcel recently annexed from Metzger and asked if there was Mixed-Use Zoning near it. Senior Planner Wyss said there was some land zoned Mixed-Use land in that proximity but most was in the Tigard Triangle. Senior Planner Wyss said residential lots less than 10,000 square feet that are vacant have planning complete,meaning that they are already zoned appropriately and are ready for development. Conversely,lots over 10,000 square feet may require demolition of existing structures or re-zoning. He said the projected residential capacity for the 2009 BLI is 2,821 to 2,991 additional dwelling units.This includes all zoning designations that allow residential development. He said staff has additional data to analyze and will be returning with a final report. He asked if Council had any questions. 8:49:58 PM Council President Wilson asked how Tigard compares to other cities in the degree to which it is built-out. Senior Planner Wyss said that Metro has a vacant lands inventory and asked if Council President Wilson would like staff to analyze this. Council President Wilson said that would be useful and could be used to identify cities ten years ahead of where Tigard is now to see what might happen here. 8:51:39 PM Councilor Buehner asked if staff was tracking the mix of lands annexed. Senior Planner Wyss said that is tracked and could be put into the report. Councilor Webb commented that people think that Tigard is grabbing up land outside the City but many people desire to live in Tigard and there isn't enough land to build on. She said that desire people have to live in a city is one reason cities want to increase their borders. Councilor Henderson asked if brownfields were considered. Senior Planner Wyss confirmed that staff was just looking at vacant land but if there was no development on the brownfield land it was included. Mayor Dirksen asked Councilor Henderson if he was referring to land that was zoned industrial in the past but is not being well utilized today. Councilor Henderson mentioned the foundry land. Mayor Dirksen said that came to his mind as well and asked if industrial land significantly utilized in the past,but no longer being used for that purpose gets returned to the inventory. Senior Planner Wyss confirmed that it does not but there are cities that do list TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 9 of12 • • . redevelopable properties and staff has considered doing this. Mayor Dirksen said he would encourage that. 8:55:27 PM Councilor Buehner asked Senior Planner Wyss to explain why sensitive land is not taken out of Metro's land inventory. He suggested that may be due to their need to look at it from a macro-scale viewpoint and they count on cities to examine things more closely, as regulations are different in each jurisdiction. Council President Wilson said this is timely information and it is time to look at a parks bond to purchase the few remaining parcels appropriate for parks. 8. HIGHWAY 99W TRANSIT SUPPORTIVE LAND USE AND DESIGN VISION BRIEFING 8:57:35 PM Associate Planner Farrelly discussed the Highway 99W Transit Supportive Land Use and Design Vision briefing. He said to further explore Council goals in this area staff has again engaged the University of Oregon's Portland Urban Architecture research laboratory. There are three purposes to the project: • Provide a 3-D vision of the scale, form,and character of a recommended transit supportive urban form for the Highway 99W corridor • Serve as a City communication tool for citizen engagement efforts • Evaluate specific site's development potential and also help where future public facility needs will be He said it would also illustrate how the corridor's livability disadvantages can be overcome to make it a place where people will want to live, shop and recreate. Possible green design elements will be developed as well. He said there are eight graduate students working on this, three days a week and the project will continue with two to three students throughout the summer. The final document is due in November. He said this project dovetails nicely with efforts to bring light rail into the corridor. Metro is aware that Tigard is doing this. The Tigard/Metro joint effort to get a Transportation Growth Management grant to complete a high-capacity transit land use plan is successful,this design vision will serve as an important foundation for building. Associate Planner Farrelly said he will be back before Council in June with a model and report. Mayor Dirksen asked if Council wanted to meet with the students while they are still in the formative stages of the project to provide input Council President Wilson said he would be interested. Associate Planner Farrelly will supply the information on their next meeting so Council can attend. Councilor Webb suggested sharing pictures and information from Port Moody. 9:04:12 PM City Manager Prosser asked if this could be done in Tigard, and early on in the process. Council President Wilson and Mayor Dirksen indicated they would rather attend at the campus to discuss ideas in a less formal session. Associate Planner Farrelly said that their next meeting is scheduled for April 29,2009. 9:06:16 PM Community Development Director Bunch said he met today with the City of Portland and they were enthusiastic about Tigard establishing a vision for the Highway 99W corridor. He said this project is paying dividends in terms of fostering regional interest in Highway 99W as a high-capacity transit corridor. Mayor Dirksen agreed and said the document will be a useful tool. TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of 1.2 • • • 9. DOWNTOWN CIRCULATION PLAN BRIEFING Associate Planner Farrelly said a Downtown Circulation Plan will address improving and planning for future downtown Tigard circulation. He said the plan will: • Implement a transportation network with better connectivity and provide the basis for obtaining the rights- . of-way as new development occurs over the next 50 years. • Establish street standards which will lay the foundation for vibrant streets that accommodate all transportation modes. He discussed components of the Circulation Plan. He said stakeholder interest in this project will be high and staff has developed a Public Involvement Plan. He said the Plan was presented to the City Center Advisory Commission and the Committee for Citizen Involvement will review it tomorrow. There will be a special CCAC meeting next week to address questions and devote more time to this issue. He said they also received feedback from the Tigard Central District Business Association (TCDBA) suggesting that early input from the development community be sought. He said staff agreed that was a good idea and will follow up on it. Mayor Dirksen asked what the overall reaction of the TCDBA was to the Plan. Associate Planner Farrelly said that on the whole they saw its value and understand that it will occur with new development, over time. He said consultants will be selected soon,ideally led by creative urban designers who are grounded in reality by transportation engineers. The Plan is scheduled to be complete in September and will be incorporated into the updated Transportation System Plan. In response to a question from Councilor Buehner about public and current property owner outreach efforts, Associate Planner Farrelly mentioned information on the Website, listserve, and Cityscape, as well as a mailing to all property owners and an Open House. He stated that public involvement would be integrated with other downtown projects that will be going on at the same time. Mayor Dirksen asked how these block sizes correspond with downtown Portland blocks and if there was any consideration to one-way streets. Associate Planner Farrelly said the blocks are planned to be larger than downtown Portland blocks and no one-way streets were planned. Council President Wilson asked if there was any consideration to dosing streets and gave the example of the portion of Main Street where it joins 99W and makes unusable parcels on both sides. Associate Planner Farrelly said it could be put on the table if they want to make suggestions. Councilor Henderson thought extending Burnham and Commercial was an interesting idea and would give neighborhoods a connection with downtown. Associate Planner Farrelly said the viaduct is under consideration and may need to be more of a bridge, especially if light rail goes down that corridor. Council President Wilson suggested reconfiguring the viaduct into a series of arches, filling in between them which would last longer than a bridge. Councilor Webb said Commercial Street is highly developed so it would have to be redeveloped if its alignment changes. In response to a question from Councilor Henderson about the timeframe, Associate Planner Farrelly confirmed it is a 50-year Plan. 10. COUNCIL LIAISON REPORTS-None 11. NON AGENDA ITEMS TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of12 • • • Councilor Webb 9:21:28 PM had a suggestion for a future Council discussion. She said she would like to discuss petitioning Washington County to remove Tigard from CPO-4B and CPO-4M, creating CPO-4T. She said Tigard is being represented by CPO4-B on several issues that don't reflect the City's position so she felt it was time for a CPO4-T comprised of Tigard residents. Mayor Dirksen said at one time it was just CPO-4 and then it was split so there is a precedent for that. He asked Council if there was interest in moving forward on this. Councilor Buehner said she was supportive and recommended that Council members read a transcript from the recent Washington County Commissioners' meeting. She said a problem with existing CPO's is their size, with three of the CPO's having over 100,000 people living within their jurisdictions. Councilor Wilson suggested staff prepare information and a draft resolution for Council review. City Manager Prosser said staff would prepare this for discussion at a workshop meeting. He noted there was time available on the June Workshop Meeting agenda. 12. ADJOURNMENT At 9:27 PM Council President Wilson moved for adjournment. Councilor Webb seconded the motion and all voted in favor. Yes No Councilor Buehner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x �j�/� f f� Deputy City Recorder Attest:, - � c Mayor, Ci of Tigard Date: t ' /o� o q I:\ADM\CATHY\CCM\2009\090414 final.doc TIGARD CITY COUNCIL/LCRB MINUTES-APRIL 14, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 12 of12 A7 4 AGENDA ITEM No. 6 Date: April 14,2009 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/LOT LINE ADJUSTMENT (MIS) 2008- 00016/MINOR MODIFICATION (MMD) 2008-00026 - JACKSON BUSINESS CENTER& DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN & ZONING MAP AMENDMENT- , • REQUEST: The applicant is requesting a Comprehensive Plan and Zoning.Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing-Jackson Business Center site to accommodate the loss of parking to the Business Center when the SChool District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally, and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus- like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay, 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal#1, Citizen Involvement; Goal#2, Land Use Planning; and Goal #9,Economic Development;and Goal# 10,Housing. I:\ADM\CATHY\COUNCIL\OCSignup\PH Testimony QJ COMMUNITY PARTNERS.doc • • AGENDA ITEM No. 6 April 14, 2009 PLEASE PRINT Proponent- (Speaking In Favor) Opponent- (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address &Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address &Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address &Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address &Phone No. A. ii Ili City of Tigarf* . Ns 'a Tigard Business Meeting — Agenda TIGARD CITY COUNCIL MEETING DATE: April 14, 2009 - 6:30 p.m. Study Session, 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Mt PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (1DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: . Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. TIGARD CITY COUNCIL/LCRB AGENDA- APRIL 14, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 1 of 4 111/11 :11 City o f Ti ar! g n Z, Ti and Business Meeting — enda ,:"fi,o..�. `.x &urea aeC""s .�5 :'•rr,,;ss�.r .:A': ..w..:, -_.:,xat TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD(LCRB) MEETING DATE/TIME: April 14, 2009 — 6:30 pm Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2)(e) to discuss real property transaction negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Discussion on Withdrawing Participation in the Tualatin Basin Water Supply Project (TBWSP) and Terminating Membership in the Joint Water Commission (JWG) > Review Tigard's 20-Year Facility Plan 7:30 PM 1. BUSINESS MEETING 1.1 C211 to Order- City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance: Cub Scout Troop 735 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION(Two Minutes or Less,Please) • Tigard Nigh School Student Envoy • Follow-up to Previous Citizen Communication • Citizen Sign Up Sheet TIGARD CITY COUNCIL/LCRB AGENDA- APRIL 14, 2009 City of Tigard ( 13125 SW Hall Blvd., Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 4 3. CONSENT AGENDA: (Tilg i-d City Council and Local Contract Rev Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion.to: 3.1 Approve City Council Minutes for February 10 and 24, 2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve Application to the Department of Justice for the Edward Byrne Memorial Justice Assistance Formula Grant(JAG) under the FY 09 Recovery Act 3.4 Authorize Issuance of Work Order Agreements to Amec Earth&Environmental • Consent Agenda- Item Rerr for Separate Discussirnx Any iteirs requested to be renvzct fpm the Consent Agenda for separate discussion will be considered iranodataly after the Coon it/L cral Contract Renew Barn l has zoo on those iters which do nce need discussion 4. DISCUSSION WITH SENATOR GINNY BURDICK AND REPRESENTATIVE LARRY GALIZIO A. 2009 Legislative Briefing B. Consideration of a Resolution to Support the Oregon Legislature's Senate Joint Resolution 29 (SJR 29) 5. PRESENTATION OF TREE STEWARDSHIP AWARDS • Staff Report: Community Development Department 6. QUASI-JUDICIAL PUBLIC HEARING - JACKSON BUSINESS CENTER AND DURHAM ELEMENTARY SCFIOOL COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013), ZONE MAP AMENDMENT (ZON2008-00007), LOT LINE ADJUSTMENT (7vIIS2008-00016), AND MINOR MODIFICATION(MMD2008-00026) REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School Distnct condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential BR 12) zone to Industrial Park (I-P . The area will be developed with 10 parking spaces for the Jackson usiness Center. LOCATION: Te property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium Density Residential Distnct. The R-12 zonin district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally, and I-P: Industnal Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses e.g., restaurants personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no oft-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped,, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay, 18.745 Landscaping and TIGARD CITY COUNCIL/LCRB AGENDA— APRIL 14, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.ugard-or.gov I Page 3 of 4 Screening; 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal # 1, Citizen\ Involvement; Goal #2, Lei Use Planning; and Goal #9, Ecotilluc Development; and Goal # 10, Housing. a. Open Public Hearing b. Hearing Procedure Statement - City Attorney c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 09- 7. BUILDABLE LANDS INVENTORY AND LAND USE TRENDS REPORT • Staff Report: Community Development Department 8. HIGHWAY 99W TRANSIT SUPPORTIVE LAND USE AM)DESIGN VISION BRIEFING • Staff Report: Community Development Department 9. DOWNTOWN CIRCULATION PLAN BRIEFING • Staff Report: Community Development Department 10. COUNCIL LIAISON REPORTS 11. NON AGENDA I'1EMS 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT I:\ADM\CATHY\CCA\2009\090414.doc TIGARD CITY COUNCIL/LCRB AGENDA— APRIL 14, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 www.ti and .._...__.._ _. Page of g I Tigard, I I g or.gov � Page 4 of 4 Agenda Item# Meeting Date April 14, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Jackson Business Center & Durham Elementary School Comprehensive Plan Amendment (CPA2008-00013), Zone Map Amendment (ZON2008-00007), Lot Line Adjustment (MIS2008-00016), and Minor Modification (MMD2008-00026). Prepared By: Gary Pagenstecher Dept Head Approval: City Mgr Approval: C ISSUE BEFORE THE COUNCIL Shall City Council adopt an ordinance amending the Comprehensive Plan and Zone Map (CPA2008- 00013/ZON2008-00007) and the associated Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026)? No Council Goals are applicable to the subject request. STAFF RECOMMENDATION Adopt the attached ordinance amending the Comprehensive Plan and Zone Map and approve the associated Lot Line Adjustment and Minor Modification. KEY FACTS AND INFORMATION SUMMARY The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. - - Specifically, the applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium-Density Residential (R-12) zone to Industrial Park (I-P). The current Comprehensive Plan Designation is Public Institution. The proposed Comprehensive Plan Designation is Light Industrial. The area will be developed with 10 parking spaces and associated landscaping and screening for the new Business Center parking. The Planning Commission unanimously approved (7-0) the proposed map amendments,lot line adjustment, and minor modification and recommended approval to the City Council. The City received no public comment on the proposed amendments. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Neither the 2009 Tigard City Council Goals nor the Council's 5-year Goals are applicable to the proposed amendments. • 1111 ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: February 27, 2009 Staff Report to the Planning Commission with Vicinity Map & Site Plan Exhibit B: "DRAFT" Minutes for March 16, 2009 Planning Commission Meeting Exhibit C: Applicant's Material FISCAL NOTES There is no fiscal impact associated with this Comprehensive Plan Amendment. • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013)AND ZONE AMENDMENT (ZON2008-00007), CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM DENSITY RESIDENTIAL (R-12) ZONE TO INDUSTRIAL PARK (I-P);AND APPROVING A LOT LINE ADUSTMENT (MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND SCREENING, SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401. WHEREAS, Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the Tigard-Tualatin School District 23J obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school;and a settlement agreement between the School District and Mr. Metzger included the proposed request in this application;and WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050,using standards of approval contained in Subsection 18.380.030.B;and WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the Commission to make a recommendation to the Council on an application for a Comprehensive Plan Map Amendment; and WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires demonstration of compliance with all applicable Comprehensive Plan Policies and map designations; and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinances;and WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in the Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application;and WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the Commission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and Guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; and any applicable Metro regulations;and WHEREAS, the Tigard Planning Commission held a public hearing on March 16, 2008, and recommended approval of CPA2008-00013/ZON2008-00007 and Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) by motion with a unanimous vote in favor;and ORDINANCE No. 09- Page 1 . ' / WHEREAS, the Tigard City Council held a public hearing on April 14, 2009, to consider the request for a quasi-judicial Comprehensive Plan and Zone Map Amendment, Lot Line Adjustment, and Minor Modification and determined that the amendments and development proposals will not adversely affect the health, safety and welfare of the City and meet all applicable review criteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment (CPA2008-00013) and Zone Change (ZON2008-00007) are hereby approved by the City Council. SECTION 2: Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) are hereby approved by the City Council, subject to the conditions of approval in the February 27,2009 Staff Report to the Planning Commission. SECTION 3: The attached findings in the February 27, 2009 Staff Report to the Planning Commission are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2009. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 2 • EXHIBIT A Agenda Item: 5, Hearing Date:March 16.2009 Time: 7:00 PM STAFF REPORT TO THE }rq PLANNING COMMISSION FOR THE CITY OF TIGARD OREGON ;. : ,•: =s ' i f ` - 1 120 DAYS =NA SECTION I. APPLICATION SUMMARY FILE NAME: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment(CPA) CPA2008-00013 Zone Change (ZON) ZON2008-00007 Lot Line Adjustment(MI MIS2008-00016 Minor Modification WilVM) MN1D2008-00026 PROPOSAL: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment,lot line adjustment,and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing_the Medium Density Residential (R-12) zone to Industrial Park(I-P). The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. Pursuant to the Orman Circuit Court Invrediate Possession Order(Case Na 0)74583CV), the School District obtatned an access easement across Tax Lot 200 fora new access cbite to Durham Elererrtary school Access had h from S W Shaffer Lane under an easement agrarrvt aorrss Clean Water Se tires (CIWS7 property for a 20_ an�rener d A settlement agreement be n the Sold�and M r.Metzger is proposed nrimst in this application APPLICANT/ Rob Saxton OWNER: David Metzger OWNER: Tigard-Tualatin School District 23J Meter Ventures,LLC 6960 SW Sandburg Street PO Sox 400 Tigard,OR 97223 Sherwood,OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland,OR 97221 LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA,Tax Lots 200 and 401,respectively. CURRENT ZONE/ COMP PLAN DESIGNATION: R 12(I-1D): Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional-uses' are also permitted conditionally. The purpose of the Historic District overlay is to facilitate the STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING Q'A2008-00013/ZON2008.00007/MIS2008-00016/MMD2008-00026 PAGE 1 OP 17 protection enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural,social,economic, political and architectural history. The current Comprehensive Plan Designation is Public Institution. • PROPOSED ZONE/ COMP PLAN DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, -office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review,design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated attractively landscaped, and pedestrian-friendly. The proposed Comprehensive-Plan Designation is Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 1510, Residential Zoning Districts; 18.530, Industrial Zoning Districts; 18.705 Access, Egress and Circulation; 18.740 Historic Overlay, 18.745 dscapin and Screening; 1:8.765, Off-Street Parking and Loading Requirements; 18.790, Tree Removal; 18.810, Street and Utility Improvement; Comprehensive Plan Goals, # 1, Citizen Involvement; Goal#2,Land Use Planning;Goal#9,Economic Development); and Goal#10,Housing. • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification,subject to proposed conditions of approval. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED LOT LINE ADJUSTMENT AND MINOR.MODIFICATION AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY SITE PERMITS: The applicant shall pre are a cover letter and submit it, along with any supporting documents and/or that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington Chunty and submit a copy of the recorded survey map to the City to be incorporated into the record. The applicant shall submit the copy of the recorded lot fine adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. 2. The applicant shall either apply for a variance to the buffer standards or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.T45.2 and Section 18.745.050.B.4,subject to review and approval by the City Arborist and the Project Arborist. STAFF REPORT TO THE PLANNING COMMIISSION MARCH 16,2009 PUBLIC HEARING cPA2008-00013/Z0N2008-00007/MIS2008-00016/MMD2008-00026 PAGE 2 OF 17 • 3. The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10108 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. 4. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing,determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection,the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 6. Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 7. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, 503-718-2434) for a final site review to ensure consistency with this land use decision. SECTION III. BACKGROUND INFORMATION Site History Tax Lot 401 is mostly vacant land, improved with a playground and access to Tax Lot 300 to the west, which is the site of the Durham Elementary School-and the historic Durham Center. Staff found the following land use decisions applicable to Tax Lot 401: CUP91-00001 allowed the placement and use of a portable classroom structure;CUP95 -00006 allowed addition of 39,135 square feet to an existing school of 23,830 square feet; SLR2001-00001 allowed the use of a 1/3-acre parcel between Fanno Creek and Durham School as an outdoor nature investigation and observation site; MMD95-00001 allowed the portable classroom relocation; MMD2000-00011 allowed an educational structure; MMD2007-00019 allowed the construction of a replacement playground. Tax Lot 200 to the east of the school site has been improved under the following permits: SDR98-00004 approved the construction of a 21,000 square foot office/warehouse/manufacturing building (Metzger Building). SDR2000-00016 approved new construction of a 10,320 square foot addition to the Metzger building(Jackson Business Center). STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 3 OF 17 '4") Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School Dist ict obtained an access easement across Tax Lot 200 for an access drive permitted under CUP2007-00004. An agreement between the parties resulted in this application to compensate the owners of Tax Lot 200 for the loss of 11 parking spaces. Vicinity Information The subject site is bounded by Clean Water Services facilities on the south and west, R-12 residential development to the north across SW Durham Road, and commercial/industrial uses on property zoned industrial park adjacent to ODOT railroad right-of-way and Fanno Creek on the east and south. Access to the site is limited to SW Durham Road. Site Information and Proposal Description The subject site is zoned R-12 and I-P, has a Comprehensive Plan Designation of Public Institution and Light Industrial, respectively, and is located south of Durham Road between SW Hall and SW 79th Avenue.The site contains the Durham Elementary School built in 1989 and the historic Durham Center. Since 1989, the access to the school was provided by SW Shaffer Lane under an easement agreement - across CWS property for a period of 20 years without an opportunity for renewal. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The zone change also involves a comprehensive plan map amendment from Public Institution to Light Industrial. The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to I-P also involves a comprehensive plan map amendment from Public Institution to Light Industrial (the Light Industrial designation serves both the I-P and I-L zones). Therefore,the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations: STAFF REPORT TO TI-IE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 4 OF 17 •) • COMPREHENSIVE PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on October 24, 2008 in accordance with the City of Tigard's neighborhood meeting notification process. According to the minutes of the neighborhood meeting,no people attended. In addition, the City has mailed notice of the Planning Commission and City Council hearings to property owners within 500 feet of the subject site,interested citizens,and agencies, published notice of the hearing in the newspaper, and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. LAND USE PLANNING Goal 2.1 To establish a land use planning process and policy framework as a basis for all decision and action related to use of land and to assure an adequate factual base for such decisions and actions. The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals,policies and procedures for reviewing and evaluating land use requests. The comprehensive plan amendment and zone change will be reviewed through the City's Type IV process and will be reviewed in relation to the methodology and intent of the plan, its applicable goals, policies, and the Comprehensive Plan and Zone Amendment criteria. ECONOMY Goal 9.1 Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P).The area will be developed with 10 parking spaces for the Business Center. Approving the request .through this comprehensive plan amendment application demonstrates the flexibility of the City's land use practices to sustain the existing economic development activity in the Jackson Business Center. HOUSING Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. STAFF REPORT.10 THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING C1'A2008-00013/Z0N2008-00007/MIS2008-00016/MMD2008-00026 PAGE 5 OF 17 The subject site is designated medium density and is located adjacent to SW Durham Road, an arterial street on the City's Transportation System Plan. However, historically the subject site has been used for schools as a conditional use in the residential zone. Recent improvements, including the new driveway access,playground, and parking lot improvements demonstrate continued use of the subject site for school purposes. In addition, the amount of land (3,153 square feet) proposed to be rezoned from R-12 to I-P is minimal,representing an area that would support only one single-family dwelling under the R-12 zone. Goal 10.2 Maintain a high level of residential livability. Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments,such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation,natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The existing development on Tax Lot 200 (Jackson Business Center) provides a D-2 buffer between the parking lot and the school field to the west in excess of the required C level buffer.The applicant proposes to replace this buffer and screening to the west of the proposed parking spaces. • FINDING: As demonstrated above, the proposed zone change is consistent with the applicable Comprehensive Plan policies. The change in the Comprehensive Plan Designation from Public Institution to Light Industrial would ensure consistency with the amended zone. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance: The applicant proposes to adjust the lot line between Tax Lots 200 and 401 and to improve the lot line-adjusted area with 10 parking spaces and landscaping as a minor modification to the existing Jackson Business Center development. The following development standards of the Tigard Development Code apply to these proposed improvements. TIGARD DEVELOPMENT CODE SITE DEVELOPMENT REIVEW(18.360) Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: An increase in dwelling unit density or lot coverage for residential development. The proposed change would replace ten parking spaces to the lot line adjusted Jackson Business Center property. The change would not involve any residential uses.This criterion for a major modification is not met. A change in the ratio or number of different types of dwelling units. The change would not involve any residential uses.This criterion for a major modification is not met. A change that requires additional on-site parking in accordance with Chapter 18.765. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 6 OF 17 1111,) 111 The proposed change of 10 parking spaces replaces eleven parking spaces removed as a consequence of the District's condemnation proceeding. No additional on-site parking is otherwise required. This criterion for a major modification is not met. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. An increase in the height of the building(s) by more than 20 percent. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Ten parking spaces are proposed for the western edge of the Jackson Business Center property located south of the new driveway to the Durham Elementary School. Construction of these spaces will not affect off-site traffic.This criterion for a major modification is not met. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed parking is replacement parking. No increase in vehicular traffic is expected as a result of the parking improvement.This criterion for a major modification is not met. An increase in the floor area proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No floor area is proposed.This criterion for a major modification is not met. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business Center property by 593 square feet.This criterion for a major modification is not met. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As discussed in the previous finding, no reduction in open space would occur with the proposed lot line adjustment and parking improvements. In addition, the applicant proposes to reconstruct the required parking lot landscaped buffer and screening in the lot adjusted area west of the parking lot expansion maintaining the existing landscaping improvement.This criterion for a major modification is not met. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. On review of the original permits (SDR98-00004 and SDR2000-00016), the proposed improvements do not modify any of the conditions of approval that are not the subject of above criteria. This criterion for a major modification is not met. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMU2008-00026 PAGE 7 OF 17 • A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that 1) The proposed development is in compliance with all applicable requirements of this title, and 2)The modification is not a major modification. FINDING: Pursuant to section 18.360.050 and the analysis above, the proposed parking improvement is a minor modification to the existing Jackson Business Center development. As reviewed below in this staff report the proposed development is in compliance with all the applicable requirements of this title and maybe approved. LOT LINE ADJUSTMENTS (18.410) The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The applicant is a requesting approval of a lot line adjustment between Tax Lot 200 (Jackson Business Center property) and Tax Lot 401(School District property) on tax map 2S113BA. The area of the adjustment is 3,135 square feet. Tax Lot 200 is 2.5 acres and would be 2.57 acres after the adjustment. Tax Lot 401 is 2.79 acres and would be 2.72 acres after the adjustment. An additional parcel is not created by the proposed adjustment. The minimum lot size in the R-12 zone is 3,050 square feet. Therefore, the proposed reduction is consistent with this standard. By reducing the lot size,the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Playground equipment is present in the vicinity of the proposed lot line adjustment on Tax Lot 401. The equipment would be approximately 28 feet from the adjusted line, consistent with the ten foot side yard setback requirement in the R-12 zone. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b) The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c) Each lot created through the partition process shall front a public right-of-way.by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d) Setbacks shall be as required by the applicable zoning district. The width, area, and setbacks of the subject lots are consistent with the standards of their respective zoning districts as described below in the findings for Zoning Districts. Both lots front on SW Durham Road: Tax Lot 401 for approximately 240 lineal feet and Tax Lot 200 for approximately 380 lineal feet, consistent with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant does not propose additional access with the existing parking lot layout. Therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common drive is not proposed with this lot line adjustment. The common drive for Tax Lots 200 and 401,approved under CUP2007-00004,is consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 8 OF 17 • • Any accessway shall comply with the standards set forth in Chapter 18.705,Access,Egress,and Circulation. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004, is consistent with the Access, Egress, and Circulation standards. 18.410.050 Recording Lot Line Adjustments A. Recording requirements.Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City,to adjustment incorporated into the record. B. Time limit.The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. A condition of approval will ensure the applicant records the lot line adjustment with the County and provides the City with a copy of the survey map in a timely manner. FINDING: As described above, the proposed lot line adjustment is consistent with the applicable lot line adjustments standards, subject to the following condition of approval. CONDITION: Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. RESIDENTIAL ZONING DISTRICTS (18.510) The list of permitted,limited,conditional and prohibited uses in residential zones presented in Table 18.510.1, includes "non-accessory parking" as a conditional use when associated with transit-related facilities. The proposed use is replacement parking for the existing industrial development caused by the condemnation of a portion of Lot 401 for access to the Durham school. Non-accessory parking is not an allowed use in the R-12 zone; therefore, a lot line adjustment and zone change is sought with this application. All development must comply with:1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.510.2, and 2) all other applicable standards and requirements contained in this title. This table is combined with Table 18.530.2, below to show compliance with the applicable development standards. INDUSTRIAL ZONING DISTRICTS (18.530) A list of permitted, limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. Upon approval of the rezoning of the subject site from R-12 to I-P, the proposed parking lot expansion would be permitted outright in the I-P zone as an accessory use to the existing industrial-development 18.530.040 Development Standards All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential-zoning districts are contained in Table 18.530.2, and.2) all other applicable standards and requirements contained in this title. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 9 OF 17 • S • STANDARD I-P R-12 PROPOSED MP/SP I-P/R-12 Minimum Lot Size None 3,050 sq.ft. na/2.72 acres Minimum Lot Width 50 ft. None na Minimum Setbacks Front yard 35 20/15 ft na Side facing street on corner&through lots 20 20/10 ft na Side yard 0/50 10/5 ft na/28 Rear yard 0/50 20/15 ft na Maximum Height 45 ft. 35 ft. na Maximum Site Coverage[2] 75%[5[ 80% 76%/<80% Minimum Landscape Requirement 25%[6] 20% 24%/>20% [2]Includes all buildings and impervious surfaces. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. The R-12 zoned property is not currently used for multi-family or single-family housing, but includes the access drive and playground equipment for Durham Elementary School. The proposed adjustment of 3,153 feet does not alter the lots compliance with the above criteria. The resulting parcel is 2.72 acres in size. Structures on the lot consists of playground equipment,which is located approximately 28 feet from the re-located property line, in compliance with the applicable side yard setback requirement. A majority of the site is used as a field for the elementary school Therefore, the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirements of 20%. The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres. There is no minimum lot size requirement; therefore, this lot is in compliance with the zone.The adjustment does not modify the width of the lot at the street. Therefore the lot remains in compliance with the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone as the adjustment moves the western lot line away from the building increasing the side yard setback. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the of on the Jackson Business center property by 593 square feet. FINDING: As described in analysis above, the proposed project meets the applicable requirements of the respective zoning districts. Other applicable standards and requirements contained in this title are addressed further in this report. ACCESS,EGRESS AND CIRCULATION(18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant submitted a plan set (Exhibit A) and narrative that addresses the access and egress standards,consistent with this standard. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1) Satisfactory legal evidence shall 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. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 10 OF 17 r !) The applicant provided a joint use and maintenance agreement between the School District and Mr. Metzger for the access over the Jackson Business Center property as a condition of approval of CUP2007-00004. Therefore,this standard has been met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Durham Road, a public street. The existing access provided through the condemnation proceeding, pursuant to CUP2007-00004, connects directly with this street at the intersection of SW 79th Avenue,consistent with this standard. FINDING: The proposed parking lot expansion and associated buffer and landscaped screening are consistent with the applicable access, egress and circulation standards. HISTORIC OVERLAY(18.740) 18.740.020 Applicability of Provisions Designated areas. The historic overlay district shall apply to the following sites and areas: Historic sites and areas; Cultural sites and areas; and Landmarks A portion of the subject site, Tax Lot 401, is designated R-12 with a Historic Overlay (HD) zone. The Historic District contains the historic Durham Elementary School on an adjacent tax lot approximately 400 lineal feet from the proposed parking lot improvements. Designated activities. The provisions of this chapter apply to the demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and the exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. FINDING: The proposed lot line adjustment would not affect the historic overlay zone. Upon --approval--of-the--lot...line-adjustment,the--ovelay-zone would-continue to--apply-to--the---- -- - - property subsequently zoned I-P. The proposed improvements to the newly zoned site include the expanded parking lot and associated buffer and landscaped screening. Due to the distance from the historic resource and the nature of the improvements,as indicated in the applicant's plan set and narrative, the proposed new construction would not affect the architectural character of the resource, consistent with the puiposes and standards of this chapter. LANDSCAPING AND SCREENING(18.745) Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. Pursuant to the Buffer Matrix in Table 18.745.1, the proposed parking requires C- Level buffering between parking lots and land zoned for residential use. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses;A buffer area may only be occupied by utilities, screemng, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by, the City; The applicant's Landscape Plan (Sheet L1.0) shows the proposed berm and landscape area within a 15- foot buffer, in excess of the 6 to 10 foot buffer requirement. A note on the plan states the applicant's intention to conform to the applicable landscape_planting standards. However, the applicant's narrative states that required screenin trees would not be panted within the buffer because of a perceived conflict with the existing sequoias. The City's Arborist has commented that the applicant apply for a variance to the buffer standards pursuant to Section 18.745.050.F.2. In addition the City Arborist expressed concern that raising the grade Behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias and suggests that the final landscape plan to be reviewed and approved by the project arborist and himself. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M!S2008-00016/MMD2008-00026 PAGE 11 OF 17 Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features,which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. The applicant proposes to screen the ten additional parking spaces using a berm and raised planters by moving the existing walls and plantings 20 feet to the west of their current location. By protecting the existing sequoias er the project arborist's recommendations (Tree Care and Landscapes Unlimited, Tree Protection Plan, dated November 10, 2008) and incorporating them into the parking lot design as shown in the Grading Plan (Sheet C4.0)and Landscape Plan(Sheet L1.0),these standards are met. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: ♦ The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4. subject to review and approval by the City Arborist and the Project Arborist. ♦ The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. ♦ The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree rotection measures are performing adequately. Failure to follow the plan, or. maintain tree protection fencing in the designated locations shall be grounds for immediate suspension'of work on the site until remediation measures and/or civil citations can be processed. ♦ The applicant shall have an on-going responsibili ty to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an. inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. OFF-STREET PARKING AND LOADING(18.765) Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant has submitted a narrative and site plan (Sheet C3.0) showing how access, egress, and circulation requirements are fulfilled, consistent with this standard. Location of vehicle parking: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008&00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 12 OF 17 4IP • Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the flowing exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4) Long-term spaces. The proposed parking is replacement parking resulting from the School District's condemnation fproceeding.The parking is proposed south and adjacent to where the original eleven spaces were removed or the school driveway. Upon adjustment of the proposed lot line, the location for the replacement parking will be on the Jackson Business Center site, consistent with this standard. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. According to the applicant's narrative,the existing parking lot includes adequate ADA spaces. Pursuant to SDR2000-.00016, a minimum of 41 parking spaces are required. Two existing ADA parking spaces are provided as indicated on the site plan (Sheet C.30),consistent with this standard. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators According to the applicant's narrative, the proposed parking lot will contain a total of 102 spaces. Therefore,standard is not applicable. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by a two-way private access drive. The proposed design allows room for vehicles to turn around and enter the street so that no backing movement will be required,consistent with this standard. Parking lot landscaping: Parking lots shall be landscaped in accordance with the requirement of Chapter 18.745 This standard is addressed above in the Landscaping and Screening section of this report. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's narrative states all areas and parking spaces are marked and signed to show direction of flow and maintain vehicular and pedestrian safety, consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 13 OF 17 �) • Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants site plan (Sheet C3.0) does not show any wheel stops in the proposed parking areas. According to the applicant's narrative, proposed parking spaces contain an area 3-feet deep to be landscaped beyond the curb. The plan set shows the space depth is 18.5 feet to the curb. Therefore, this standard has been met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans dimension the proposed parking spaces to show that 10 spaces will conform to standard sized spaces.The applicant's site plan shows a 24-foot wide isle, consistent with this standard. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The proposal does not change the size of the floor area on which the number of bicycle spaces is determined.Therefore, this standard is not applicable. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The applicant states that, pursuant to SDR2000-00016, 41 parking spaces are required with no maximum limit for light manufacturing uses. The applicant states that the site has 101 parking spaces, consistent with this standard. FINDING: As described above, the off-street parking and loading standards have been met. TREE REMOVAL (18.790) Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan conducted by Kay Kinyon, a certified arborist. The report contains the four required components, and is therefore acceptable. The applicant identifies six sequoias in the vicinity of the proposed parking area. All six are proposed to be retained and protected under the terms set out in the applicant's arborist report. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 14 OF 17 • • Pursuant to 18.790.040, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Not all of the standards of the Tree Removal Chapter have been met. However, with the following condition of approval,the standards can be met. CONDITION: Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. STREET AND UTILITY IMPROVEMENT STANDARDS (18.810) Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance.with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The proposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 15 OF 17 • •) • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommodate the additional impermeable surface. No additional treatment is required. FINDING: As discussed above,the applicable street and utility standards have been met As reviewed above, the proposed lot line adjustment between Tax Lots 200 and 401, 10-space parking lot expansion,and landscaping and screening as a minor modification to the existing Jackson Business Center development is consistent with the applicable Tigard Development Code standards, consistent with Section 18.380.030.B.2. 18.380.030.133 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. FINDING: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school. Access had been provided from SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for • renewal. A settlement agreement between the District and Mr. Metzger included the proposed request in this application. The condemnation proceeding represents a change in the neighborhood, consistent with this standard. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050.A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be for denial,approval,or approval with conditions. " SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Arborist reviewed the proposal and provided comments that have been incorporated in the findings of this report. Clean Water Services reviewed the proposal and determined that the project will not significantly impact the existing or potentially existing sensitive areas found near the site. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZO•2008-00007/MIS2008400016/1■EvID2008-00026 PAGE 16 OF 17 • •j • SECTION VI. CONCLUSION AND RECOMMENDATION CONCLUSION: Based on the foregoing findings, staff finds that the proposed Comprehensive Plan and Zoning Map Amendment is consistent wits applicable provisions of the. Tigard Comprehensive Plan, statewide planning goals, Tigard Development Code, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application and may be approved. In addition, based on the foregoing findings, staff finds that the proposed lot line adjustment and minor modification are consistent with the applicable standards of the Tigard Development Code and may be approved, subject to recommended conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed comprehensive plan amendment and zone change. Also recommended for APPROVAL are the lot line adjustment and minor modification, subject to proposed conditions of approval. February 27 ,2009 PREPARED BY: Gary Pag nstecher DATE Associate Planner coo/ _ Februaiy 27,2009 APPROVED BY: Dick Bewers• ff DA rE Planning Ma .ger is\cuzpIn\gary\CPA\acksonDurham Elem(CPA2008-00013)staff report STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 17 OF 17 �r�������1� _ , _ _ VICINITY MAP 11aN�Tal=Esr r � sr, �� 111.• &A Woods : �� ��� ��`���� ; ' '" 'ti"" • — CPA2008-00013/ZON2008-00007 f ~'� •����� JACKSON BUSINESS CTR.&' i m ji J+ fl i�I y r >` �'�� DURHAM ELEM.SCHOOL z r� ��-- PLAN&MAP AMENDMENT _,< r im :co, t FM—...2� )s�r'CHURCHILL WAY co PAi7TI IN �< --M111111111 ,iii i •. Nia �` i� li111111 8°N 1111111 MI Subject Site �... ,. n6 . .11 1,_ 1111I11111I11111 ; . .L. /Ili i�i��= CAROL A tic Ili A€ g RHAn RET IL___ ..— :._.—. ,. J.i. Fir __ Ilikir ^ :iJ3Bk042411 ;.,tk' y Cr T . .41 2Si 73BA 0401; :=_=_ _. 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PLANTPIGS 70 PROVIDE=FLEE. .•::..; ISLRAM MATERULL IN AREAS OFNOTED BY RATON MOAN/ SCREENN6 RE0UpiEMEN1S AppNgNAL ARFA6 DIS7UREED.BY CONSTRUCTIONAGTM7IES . r_.•,.,;i. i, .SHALL Te TRZSEAAN D TO THERElOCAIEDROO7PLANIER . • • AREAYIEST OF THE vROPOSEO AA1GNG 6iA71B.• • . • . . - Ij• )! • . • . . . 1� A. • FXIBTDIO E7351D10 FENCE- 1 / . REID • • • CPA2008-00013/Z0N2008-00007 " JACKSON BUSINESS CTR & • DURHAM ELEM. SCHOOL PLAN &MAP AMENDMENT . ., . . 0 • EXHIBIT B CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 16,2009 1. CALL TO ORDER ,. President Inman called the meeting to order at 703 p.m. The trieetinp,vas held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL ...,-, ''''• -',!),, Commissioners Present: President Inman; CoMmissioners Anderson, D-Oherty, Fishel, :::n Hasman, Muldoon, Vermilyea, and AlternateCommission8rGaschke '1,.:,-, .._,..,,-,.? Commissioners Absent Commissioners Caffall,N0 anWalslA,, -i •,k.. .„.,,i:" ,,,,,,..- Staff Present: Ron Bunch, Community DevelopmentDctor; Dick Bewerdorff, Planning Manager; Todd Prager, City Arborist, John Floyd, Associate Planner; Gary Pagenstecher, Associate Planner; Doreen Laughlin, PlanningCommissiott Secretary -‘5, ', ■1,:',.. N,,,:ov 3. ., ,..,- COMMUNICATIONS—None. ', ; Ar,•... i,4,,.t,,,, ,, f-, 4. CONSIDER4fEETING MINUTES. 2-23-09 Meeting Minutes'!n=, There waa motiorNffommisSfoner Mulan, seconded by Commissioner Hasman to approAi vellie 2-23-09 Planning Coma meeting minutes as submitted: The motion4Q approve the rni-:tiutes assubmitted passed unanimously on a recorded vote, V,:....,, the Commissioners voted as follows: „ AYES: '..:=;:--=, /COmmissioner Anderson, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, Commissioner Vermilyea, and Commissioner Muldoon (5) NAYS: None (0) ABSTAINERS: Commissioner Fishel (1) ABSENT: Commissioner Caffall, and Commissioner Walsh (2) PLANNING COMMISSION MEETING MINUTES—March 16,2009—Page 1 of 3 • 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/ LOT LINE ADJUSTMENT (MIS) 2008-00016/MINOR MODIFICATION (MMD) 2008-00026 -JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN & ZONING MAP AMENDMENT- a; PUBLIC HEARING OPENED ,31: President Inman read from the Quasi Judicial Hearing ;wide. There were no abstentions or conflicts of interest from the Commissioners. No ek parte,contacts were reported. No one challenged the jurisdiction of the Commission. Commissioner Muldoo "reported a site visit. Gary Pagenstecher presented the staff report oii behalf of tl e ,City. [Staff reports are available for review at the City one week prior to public hearings.] .jQY Staff recommends that the Planning CorYUnission recorrirri_end APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment aridMinor Modification subject to proposed ma . a. conditions of approval. 'kJ/ QUESTIONS BY COMMISSIONERS There was a question about4eonclition"'number 2, which states the applicant shall apply for a variance to•t he buffer<standards or subrn t a:revised landscape plan that shows landscaping consistent with the standards for'buffering and``screening, subject to review and approval by the City;rborist and the Project Arborist.7Pagenstecher referred the question to the applicant. APPLICANT'S'°PRESENTATION Michelle Symant, a planner. r WRG Design, spoke on behalf of the applicant. She addressed the question about conditton number two. She said they had spoken with the project arborist regarding the question a'd he'd recommended two particular types of trees that will work within the space constraints given. She said they would submit the revised landscape plan to the City Arborist for his review. She anticipates it will work out fine and they probably won't require seeking the variance but they'd like to leave that in should the City Arborist decide those trees won't work. It would leave the option to apply for a variance in the future. PLANNING COMMISSION MEETING MINUTES—March 16,2009—Page 2 of 3 . . . • She noted the area is essentially a 3000 sq ft strip that requires this Comprehensive Plan zone change/lot land adjustment/Minor Modification—a whole series of things for the replacement of 10 parking spaces. She noted some of the conditions applied to requirements to save the Sequoia trees with placement of the parking spaces. She said that will happen. QUESTIONS OF APPLICANT —None President Inman noted that no one had signed up to speak. She asked if anyone present would like to speak either in favor of, or in opposition to the application. There was no one present who wished to do either. `� PUBLIC TESTIMONY CLOSED DELIBERATION °4 ° `',, After short deliberation, there was a motion by`Commissioner Vermilyea, seconded by Commissioner Fishel, as follows: ' . \s ' I vote the Planning Commission forward�a recommendation of approval to the City Council of application CPA2008-00013/ZON2008-00007 as,';set forth in the staff report, as well as Lot Line Adjustment 2008-00016subjeet,to,the conditionsYof approval set forth in the staff report; and MinoraModification 200,8=`'00026a1so subject to the conditions of approval set forth in the"staff=r '= ' pp �T, eport. The motion passed unanimously koh a recorded vote, the Council voted as follows: .. .. tea.: sr..,±. AYES: �. • }'Commissiooner nderson;YCommissioner Doherty, Commissioner �:v.:�.�:�. ty �..a.,z et Fishel, Commissioner Hasman, Commissioner Inman, Commissioner 6,----qt,,,,,R o Muldon and Commissioner Vermilyea (7) NAYS: '' None 0 �° ABSTAINERS None 0`' ',' Commissioner Caffall and Commissioner Walsh (2) ABSENT: ��* rfv PLANNING COMMISSION MEETING MINUTES—March 16,2009—Page 3 of 3 y . . . .. 4 i • • , COMMUNITY r NEWSPAPERS is . ' 0005 SE lake Road,Portland,OR 81222•PO Box 22109 Portland OR 01260.2109 :I Plane:5934184.0300 Fax:503.820.3433 E-mail: legals@commoewspapers.com PUBLIC HEARING ITEM: TIGARD AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council on I, Charlotte Allsop, being the first duly sworn, Tuesday April 14,2009 at 7:30 PM at the Tigard Civic Center, I depose and say that I am the Accounting i -Town Hall,-13125 SW Hall Blvd.,Tigard,Oregon. Manager of The Times(serving c Tigard, I Public oral or written testimony is invited.' The public hearing 9 ( 9 g I on this matterwillbe held under Title 18 and rules of procedure Tualatin & Sherwood), a newspaper of , adopted by the Council and available at City Hall or the rules of general circulation, published at Beaverton, ; procedure set'-forth in Section 18.390.060.E. The Council will in the aforesaid county and state, as defined (receive the Planning Commission's recommendation and hold a by ORS 193.010 and 193.020, that ; public hearing on the request prior to making a decision. - j Further information may be obtained from the City of Tigard City of Tigard Planning Division (Staff contact: Gary Pagenstecher) at i 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503- Notice of Public Hearing/CPA 2008-00013 639-4171. TT11273- . , COMPREHENSIVE PLAN AMENDMENT(CPA) ' A copy of which is hereto annexed, was 2008-00013/ZONE CHANGE(ZON)2008-00007/ published in the entire issue of said LOT LINE ADJUSTMENT(MIS)2008-00016/ newspaper for MINOR MODIFICATION(MMD)2008-00026 JACKSON 1 BUSINESS CENTER&DURHAM•ELEMENTARY week in the following issue . , SCHOOL COMPREHENSIVE PLAN March 26, 2009. &ZONING MAP AMENDMENT • I . REQUEST: The applicant is requesting a Comprehensive aaka04( Q1—'L4 • Plan and Zoning Map Amendment, Lot Line Adjustment, and j a Minor Modification to the existing Jackson Business Center Charlotte Allsop (Accounting Manag r) , site_to accommodate the loss of parking to the Business Center ' Subscribed and sworn to before me this March 26, 2009. OFFICIAL SEAL ROBIN A.BURGESS /� .1 ,. +'i NOTARY PUBLIGOREGON U `' COMMISSION NO.390701 NOTARY PUBLIC FOR OR ON MYCOMMISSIONEXPIRESMAY16,2009 My commission expires Acct#10093001 Attn: Patty Lunsfon`d City of Tigard - 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 13.25 Amount Due$221.28` . *Please remit to address above.• y li 4. , COMMUNITY — • . ■ NEWSPAPERS ' . 8805 SE Lake Road,Portland,OR 07222•PO Box 22100 POrIIand OR 07289.2109 II Phone:503.884.0380 Fax:503.020.3433 , •E-mail: Iegals©commeewspapers.com PUBLIC HEARING ITEM: T I GARD . AFFIDAVIT OF PUBLICATION . State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council on I, Charlotte Allsop, being the first duly sworn, I Tuesday April 14,2009 at 7:30 PM at the Tigard Civic Center, -Town Hall,-13125 SW Hall Blvd. Tigard,Oregon. depose and say that I am the Accounting Public oral or written'testimony is invited: The public hearing Manager of The Times(serving Tigard, 1 on this matter\will be held under Title 18 and rules of procedure Tualatin & Sherwood), a newspaper of I adopted by the Council and available at City Hall or the rules of general circulation, published at Beaverton, procedure set'•forth in Section 18.390.060.E. The Council will in the aforesaid county and state, as defined 'receive the Planning Commission's recommendation and hold a , by ORS 193.010 and 193.020, that public hearing on the request prior to making a decision. . Further information may be obtained from the City of Tigard City of Tigard Planning Division (Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503- Notice of Public Hearing/CPA 2008-00013 639-4171. , TT11273- 1 , COMPREHENSIVE PLAN AMENDMENT(CPA) ' A copy of which is hereto annexed, was - 2008-00013/ZONE CHANGE(ZON)2008-00007/ published in the entire issue of said LOT LINE ADJUSTMENT(MIS)2008-00016/ newspaper for ! MINOR MODIFICATION(MMD)2008-00026 JACKSON 1 _ BUSINESS CENTER&DURHAM'ELEMENTARY week in the following issue . • SCHOOL COMPREHENSIVE PLAN March 26, 2009. &ZONING MAP AMENDMENT ' REQUEST: The applicant is requesting a Comprehensive Nal tin` j-e OUJA- % Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center Charlotte Allsop (Accounting Manag r) site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for Subscribed and sworn to before me this , a.new access to'Durham Elementary: The applicant proposes March 26, 2009. ' adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12)zone to Industrial Park(I- GJ 17 � P). The,area Will'17e'developed with 10 parking spaces for the to Jackson Business Center. LOCATION: The property is located NOTARY PUBLIC FOR OR ON 1 at 7800 and 7950 SW Durham Road., The site is bounded by My commission expires , SW Durham Road ontthe north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots Acct#10093001 1 200 and 401, respectively. ZONES: R-12: Medium-Density Attn: Patty'Ltansford j Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot City of Tigard ' size 0'3,050 square feet. A wide range of civic and institutional 13125 SW Hall Blvd uses are,also permitted conditionally; and I-P: Industrial,Park Tigard, OR 97223 , District. The I-P zoning district,provides appropriate locations 1 for combining light manufacturing, office and small-scale Size: 2 x 13.25 commercial uses,e.g.,restaurants,personal services and fitness Amount Due $221.28* ` centers, in a•campus-like setting. Only those light industrial .' *Please remit to address above.• uses with no off-site impacts,e.g.,noise,glare,odor,vibration, � are permitted in the I-P zone. In addition to mandatory site i development review; design and development-standards in the I-P zone have been adopted to insure that developments will be ■ well-integrated,attractively landscaped,and pedestrian-friendly. COMPREHENSIVE:PLAN DESIGNATION: • Medium- Density Residential to Industrial Park. APPLICABLE , 1 REVIEW CRITERIA: Community Development Code. Chapters 18.380.020 Zoning Map. and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot• Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765,_Of Street Parking and Loading Requirements; Comprehensive Plan' Goal #1, Citizen Involvement;Goal#2,Land Use Planning;and Goal#9, .Economic Development;and Goal-#10,Housing. / ',� ,1J' .....`•1 VICMRY MAP YPER ST f....a•• L �.. Y :. -.s,,. CPAZWt-0WtL10N10W LP0P `� .74...14=....' ...., i ACNAMELE9M1E9 c2 ����°i��"�.�v ��i C`- .' i�r '�: •- pINMNM EIEM.ACNCOt r — n--, .1 ■ RAM A MAP AMENDMENT ail 1 . ::::_`j^g'In'i"I , Y ''!, '-'/ ill' =la o. , : _ - I 1 :ilia nu . •Pw.M, PMannu NP , l � ' = l rte. ftt fff' g Publish 03/26/2009- TT 11273 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 16;2009 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL. Commissioners Present President Inman;Commissioners.Anderson,Doherty,Fishel, Hasman,Muldoon,Vermilyea, and Alternate Commissioner Gaschke. Commissioners Absent. Commissioners Caffall, and Walsh Staff Present Ron Bunch,Community Development Director,Dick Bewersdorff,Planning Manager,Todd Prager,City Arborist; John Floyd,Associate Planner,Gary Pagenstecher, Associate Planner;Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS—None. 4. CONSIDER.MEETING MINUTES 2-23-09 Meeting Minutes: There was a motion by Commissioner Muldoon, seconded by Commissioner Haman to approve the 2-23-09 Planning Commission meeting minutes as submitted: The motion to approve the minutes as submitted passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Anderson; Commissioner Doherty, Commissioner Hasman, Commissioner Inman, Commissioner Vermilyea, and Commissioner Muldoon (5) • NAYS: None (0) ABSTAINERS: Commissioner Fishel (1) ABSENT: Commissioner Caffall,and Commissioner Walsh(2) 5. PUBLIC.HEARINGS . 5.1 COMPREHENSIVE PLAN AMENDMENT(CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/ PLANNING COMMISSION MEETING MINUTES—March 16,2009—Page 1 of 9 • • LOT LINE ADJUSTMENT (NHS) 2008-00016/MINOR MODIFICATION (MMD) 2008-00026 JACKSON BUSINESS CENTER& DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN& ZONING MAP AMENDMENT- PUBLIC HEARING OPENED President Inman read from the Quasi Judirial Hearing Guide. There were no abstentions or conflicts of interest from the Commissioners. No ex-parte contacts were reported. No one challenged the jurisdiction of the Commission. Commissioner Muldoon reported a site visit Gary Pagenstecher presented the staffxeport on behalf of the City. [Staff reports are available for review at the City one week prior to public hearings] Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification, subject to proposed- conditions of approval. QUESTIONS BY COMMISSIONERS There was a question about condition number 2 which states the applicant shall apply for a variance to the buffer standards,or submit a revised landscape plan that shows landscaping. consistent with the standards for buffering and screening, subject to review and approval by the City Arborist and the Project Arborist. Pagenstecher referred the question to the applicant. APPLICANT'S PRESENTATION Michelle Symant,a planner for WRG Design,spoke on behalf of the applicant She addressed the question about condition number two. She said they had spoken with the project arborist regarding the question and he'd recommended two particular types of trees that will work within the space constraints given. She said they would submit the revised landscape plan to the City Arborist for his review. She anticipates it will work out,fine and they probably won't require seeking the variance but they'd like to leave that in should the City Arborist decide those trees won't work. It would leave the option to apply for a variance in the future. She noted the area is essentially a 3000 sq ft strip that requires this Comprehensive Plan zone change/lot land adjustment/Minor.Modification—a whole series of things for the replacement of 1.0 parking spaces. She noted some of the conditions applied to requirements to save the Sequoia trees with placement of the parking spaces.She said that will happen. QUESTIONS.OF APPLICANT—None PLANNING COMMISSION MEETING MINUTES—March 16,2009—Page 2 of 9 • ` ♦ • • President Inman noted that no one had signed up either as a proponent or an opponent to the application. She asked if anyone present in the audience would like to speak either in favor or in opposition. There was no one present who wished to do either. PUBLIC TESTIMONY CLOSED DELIBERATIONS/MOTION After a short period of deliberation, there was a motion by Commissioner Vermilyea, seconded by Commissioner Fishel,as follows: "I move the Planning Commission forward a:recommendation of approval to the City Council of application•CPA2008-00013/ZON2008-00007 as set forth in the staff report,as well as Lot Line Adjustment 2008-00016, subject to the conditions of approval set forth in the staff report; and Minor Modification 20084)0026;also subject to the conditions of approval set forth in the staff report" The motion passed unanimously on a.recorded vote, the Council voted as follows: AYES: Commissioner Anderson, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman,Commissioner Muldoon and Commissioner Vermilyea (7) NAYS: None (0) ABSTAINERS: None.(0) ABSENT: Commissioner Caffall and Commissioner Walsh (2) 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00001 -Tree Removal Code Update- On -half of the City,John Floyd,Associate Planner, distributed a revised • : of the Draft Amen. - .is (Exhibit A). He said staff is proposing additional c._ es (indicated in green) because of the • •lie comment they'd received. Six parties had submitted c• exits ptio • . .e workshop: Jeff Caines,Karen Estrada; John Frewing,Phil Grillo/HBA, .:d:eilke, and Greg Berry of the City of Tigard • Engineering Department 1,.-i 'bit B) . •=•-s were distributed to the commissioners for • their review.As a re •er,Floyd said the scope o amendment had been defined narrowly by e • cil, and,as such, staff recommends that the • . .•n limit its review to the sub•.: . requirements and not other issues such as mitigation. PLANNING COMMISSION MEETING MINUTES-March 16,2009-Page 3 of 9 • PLEASE SIGN IN HERE IN _ tit! Tigard Planning Commission TI#GRDa Agenda Item #5, j Page • of I Date of Hearing 3- I tv - O°k Case Number(s) C‘ P,t2-(30 .2-00$ 00 6o 7 u Case Name c).c Ae.SS r cL- CU ,O-v een Location '19,00 c-k 1`=�S c� � C �, , iLe\,Nct If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): Opponent (AGAINST the proposal): Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • . • '' City of Tigard T I GARD Planning Commission — Agenda , MEETING DATE: March 16, 2009, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. • 5. PUBLIC HEARINGS 7:10 p.m. 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/ LOT LINE ADJUSTMENT (MIS) 2008-00016/MINOR MODIFICATION (MMD) 2008-00026 -JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN & ZONING MAP AMENDMENT- REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; A wide range of civic and institutional uses are also permitted conditionally; and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. . COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal #1, Citizen Involvement; Goal#2,Land Use Planning; and Goal#9, Economic Development. PLANNING COMMISSION AGENDA- MARCH 16, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 • 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00001 8:15 pm - Tree Removal Code Update- REQUEST: Amendments to the Community Development Code (Sections 18.790) to clarify how an applicant for development is to demonstrate compliance with the City's stated preference for tree protection over removal wherever possible. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I-H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R-1, R-2, R-3.5, R-4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, and 18.790; Comprehensive Plan Policies 1.1.2, 1.1.3, 1.2.1, 1.2.6, 2.1.2, 2.1.14, 2.1.24, 2.2.1, 2.2.6, 2.3.1, 2.3.6, 6.1.6, 6.2.3, 6.2.4, and 6.2.5; Metro Functional Plan Titles 1, 2 and 3; and Statewide Planning Goals 1, 2, and 6. 7. OTHER BUSINESS 9:15 p.m. 8. ADJOURNMENT 9:20 p.m. PLANNING COMMISSION AGENDA- MARCH 16, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 www.tigard-or.gov I Page 2 of 2 Agenda Item: 5 Hearing Date:March 16.2009 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION 1: FOR THE CITY OF TIGARD, OREGON ,-(7,AIT -5) 120 DAYS = NA SECTION I. APPLICATION SUMMARY FILE NAME: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment(CPA) CPA2008-00013 Zone Change (ZON) ZON2008-00007 Lot Line Adjustment (MIS) MIS2008-00016 Minor Modification Adjustment. MMD2008-00026 PROPOSAL: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment,and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site-for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing_the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. Pursuant to the Oregon Circuit Court Invriliate Possession Order(Case Na C074583CV), the Sloan District obtain&an acres easement aot s Tax Lot 200 for a new acts drize to Durham E lenvntary schod A crzSs had been from SW Shaffer Lane under an easenvnt agrcenznt across C.ean Water Seruc (CWSJ'property for a period 8120 ywrs vithout an f renezalrl A se tlenvrd agr rr�I n the Sd District and Mr. Metzger the proposed nrquest in this application APPLICANT/ Rob Saxton OWNER: David Metzger OWNER Tigard-11ialatin School District 23J Metzger Ventures,LLC 6960 SW Sandburg Street PO Box 400 Tigard,OR 97223 Sherwood, OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive, Suite 100 Portland, OR 97221 LOCATION: The ro errttyy is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. CURRENT ZONE/ COMP PLAN DESIGNATION: R-12(HD): Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. The purpose of the Historic District overlay is to facilitate the STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 1 OF 17 • f • • • protection enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history. The current Comprehensive Plan Designation is Public Institution. PROPOSED ZONE/ COMP PLAN DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industnal uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and edestrian-friendly. The proposed Comprehensive Plan Designation is Light Industrial. APPLICABLE REVIEW • CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.510, Residential Zoning Districts; 18.5302 Industrial Zoning Districts; 18.705 Access, Egress and Circulation; 18.740 Historic Overlay, 18.745 landscaping nd Screening; 18.765, Off-Street Parting _and Loading Requirements; 18.790, Tree Removal ; 18.810, Street and Utility Improvement; Comprehensive Plan Goals, # 1, Citizen Involvement; Goal#2, Land Use Planning; Goal#9,Economic Development);and Goal# 10,Housing. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change. Also recommended for APPROVAL are the Lot Line Adjustment and Minor Modification,subject to proposed conditions of approval. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED LOT LINE ADJUSTMENT AND MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY SITE PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 50639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City to be incorporated into the record. The applicant shall submit the copy of the recorded lot fine adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. 2. The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape lan that shows landscaping consistent with the standards for buffering and screening in Table 18.745. 2 and Section 18.745.050.B.4, subject to review and approval by the City Arborist and the Project Arborist. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 2 OF 17 • 3. The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction; As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. 4. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of Lie tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (111Z) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed , by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. THE FOLLOWING CONDITIONS APPLY TO THE PROPOSED MINOR MODIFICATION AND SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents ING and/or plans that address the following requirements to the CURRENT P I. DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 6. Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 7. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, 503-718-2434) for a final site review to ensure consistency with this land use decision. SECTION III. BACKGROUND INFORMATION Site History Tax Lot 401 is mostly vacant land, improved with a playground and access to Tax Lot 300 to the west, which is the site of the Durham Elementary School and the historic Durham Center. Staff found the following land use decisions applicable to Tax Lot 401: CUP91-00001 allowed the placement and use of a portable classroom structure; CUP95-00006 allowed addition of 39,135 square feet to an existing school of 23,830 square feet; SLR2001-00001 allowed the use of a 1/3-acre parcel between Fanno Creek and Durham School as an outdoor nature investigation and observation site; MMD95-00001 allowed the portable classroom relocation; MMD2000-00011 allowed an educational structure; MMD2007-00019 allowed the construction of a replacement playground. Tax Lot 200 to the east of the school site has been improved under the following permits: SDR98-00004 approved the construction of a 21,000 square foot office/warehouse/manufacturing building (Metzger Building). SDR2000-00016 approved new construction of a 10,320 square foot addition to the Metzger building (Jackson Business Center). STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC I-TEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 3 OF 17 • • Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for an access drive permitted under CUP2007-00004. An agreement between the parties resulted in this application to compensate the owners of Tax Lot 200 for the loss of 11 parking spaces. Vicinity Information The subject site is bounded by Clean Water Services facilities on the south and west, R-12 residential development to the north across SW Durham Road, and commercial/industrial uses on property zoned industrial park adjacent to ODOT railroad right-of-way and Fanno Creek on the east and south. Access to the site is limited to SW Durham Road. Site Information and Proposal Description The subject site is zoned R-12 and I-P, has a Comprehensive Plan Designation of Public Institution and Light Industrial, respectively, and is located south of Durham Road between SW Hall and SW 79th Avenue. The site contains the Durham Elementary School built in 1989 and the historic Durham Center. Since 1989, the access to the school was provided by SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to tae existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The zone change also involves a comprehensive plan map amendment from Public Institution to Light Industrial. The area will be developed with 10 parking spaces and associated landscaping and screening for the Business Center. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to I-P also involves a comprehensive plan map amendment from Public Institution to Light Industrial (the Light Industrial designation serves both the I-P and I-L zones). Therefore, the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MM1D2008-00026 PAGE 4 OF 17 • COMPREHENSIVE PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on October 24, 2008 in accordance with the City of Tigard's neighborhood meeting notification process. According to the minutes of the neighborhood meeting, no people attended. In addition, the City has mailed notice of the Planning Commission and City Council hearings to property owners within 500 feet of the subject site,interested citizens, and agencies, published notice of the hearing in the newspaper, and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. LAND USE PLANNING Goal 2.1 To establish a land use planning process and policy framework as a basis for all decision and action related to use of land and to assure an adequate factual base for such decisions and actions. The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals, policies and procedures for reviewing and evaluating land use requests. The comprehensive plan amendment and zone change will be reviewed through the City's Type IV process and will be reviewed in relation to the methodology and intent of the plan, its applicable goals, policies, and the Comprehensive Plan and Zone Amendment criteria. ECONOMY Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjustin: the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Business Center. Approving the request through this comprehensive plan amendment application demonstrates the flexibility of the City's land use practices to sustain the existing economic development activity in the Jackson Business Center. HOUSING Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MviD2008-00026 PAGE 5 OF 17 The subject site is designated medium density and is located adjacent to SW Durham Road, an arterial street on the City's Transportation System Plan. However, historically the subject site has been used for schools as a conditional use in the residential zone. Recent improvements, including the new driveway access, playground, and parking lot improvements demonstrate continued use of the subject site for school purposes. In addition, the amount of land (3,153 square feet) proposed to be rezoned from R-12 to I-P is minimal,representing an area that would support only one single-family dwelling under the R-12 zone. Goal 10.2 Maintain a high level of residential livability. Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The existing development on Tax Lot 200 Qackson Business Center) provides a D-2 buffer between the parking lot and the school field to the west in excess of the required C level buffer. The applicant proposes to replace this buffer and screening to the west of the proposed parking spaces. FINDING: As demonstrated above, the proposed zone change is consistent with the applicable Comprehensive Plan policies. The change in the Comprehensive Plan Designation from Public Institution to Light Industrial would ensure consistency with the amended zone. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance: The applicant proposes to adjust the lot line between Tax Lots 200 and 401 and to improve the lot line-adjusted area with 10 parking spaces and landscaping as a minor modification to the existing Jackson Business Center development. The following development standards of the Tigard Development Code apply to these proposed improvements. TIGARD DEVELOPMENT CODE SITE DEVELOPMENT REIVEW (18.360) Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one • (1) or more of the changes listed below have been proposed: An increase in dwelling unit density or lot coverage for residential development. The proposed change would replace ten parking spaces to the lot line adjusted Jackson Business Center property. The change would not involve any residential uses. This criterion for a major modification is not met. A change in the ratio or number of different types of dwelling units. The change would not involve any residential uses. This criterion for a major modification is not met. A change that requires additional on-site parking in accordance with Chapter 18.765. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 6 OF 17 • • The proposed change of 10 parking spaces replaces eleven parking spaces removed as a consequence of the District's condemnation proceeding. No additional on-site parking is otherwise required. This criterion for a major modification is not met. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. An increase in the height of the building(s) by more than 20 percent. The proposed parking does not affect any commercial or industrial structures. This criterion for a major modification is not met. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Ten parking spaces are proposed for the western edge of the Jackson Business Center property located south of the new driveway to the Durham Elementary School. Construction of these spaces will not affect off-site traffic. This criterion for a major modification is not met. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed parking is replacement parking. No increase in vehicular traffic is expected as a result of the parking improvement. This criterion for a major modification is not met. An increase in the floor area proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No floor area is proposed. This criterion for a major modification is not met. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business Center property by 593 square feet. This criterion for a major modification is not met. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As discussed in the previous finding, no reduction in open space would occur with the proposed lot line adjustment and parking improvements. In addition, the applicant proposes to reconstruct the required parking lot landscaped buffer and screening in the lot adjusted area west of the parking lot expansion maintaining the existing landscaping improvement. This criterion for a major modification is not met. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. On review of the original permits (SDR98-00004 and SDR2000-00016), the proposed improvements do not modify any of the conditions of approval that are not the subject of above criteria. This criterion for a major modification is not met. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 7 OF 17 • 1111 • • A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that 1) The proposed development is in compliance with all applicable requirements of this title, and 2) The modification is not a major modification. FINDING: Pursuant to section 18.360.050 and the analysis above, the proposed parking improvement is a minor modification to the existing Jackson Business Center development. As reviewed below in this staff report the proposed development is in compliance with all the applicable requirements of this title and maybe approved. LOT LINE ADJUSTMENTS (18.410) The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: - An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The applicant is a requesting approval of a lot line adjustment between Tax Lot 200 Gackson Business Center property) and Tax Lot 401(School District property) on tax map 2S113BA. The area of the adjustment is 3,135 square feet. Tax Lot 200 is 2.5 acres and would be 2.57 acres after the adjustment. Tax Lot 401 is 2.79 acres and would be 2.72 acres after the adjustment. An additional parcel is not created by the proposed adjustment. The minimum lot size in the R-12 zone is 3,050 square feet. Therefore, the proposed reduction is consistent with this standard. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Playground equipment is present in the vicinity of the proposed lot line adjustment on Tax Lot 401. The equipment would be approximately 28 feet from the adjusted line, consistent with the ten foot side yard setback requirement in tie R-12 zone. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a) The minimum width of the building envelope area shall meet the lot requirement of the apphcable zoning district; b) The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d) Setbacks shall be as required by the applicable zoning district. The width, area, and setbacks of the subject lots are consistent with the standards of their respective zoning districts as described below in the findings for Zoning Districts. Both lots front on SW Durham Road: Tax Lot 401 for approximately 240 lineal feet and Tax Lot 200 for approximately 380 lineal feet, consistent with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant does not propose additional access with the existing parking lot layout. Therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common drive is not proposed with this lot line adjustment. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004,is consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MIv1D2008-00026 PAGE 8 OF 17 Any accessway shall comply with the standards set forth in Chapter 18.705,Access, Egress, and Circulation. The common drive for Tax Lots 200 and 401, approved under CUP2007-00004, is consistent with the Access, Egress, and Circulation standards. 18.410.050 Recording Lot Line Adjustments A. Recording requirements. Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. A condition of approval will ensure the applicant records the lot line adjustment with the County and provides the City with a copy of the survey map in a timely manner. FINDING: As described above, the proposed lot line adjustment is consistent with the applicable lot line adjustments standards, subject to the following condition of approval. CONDITION: Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. RESIDENTIAL ZONING DISTRICTS (18.510) The list of permitted, limited, conditional and prohibited uses in residential zones presented in Table 18.510.1, includes "non-accessory parking" as a conditional use when associated with transit-related facilities. The proposed use is replacement parking for the existing industrial development caused by the condemnation of a portion of Lot 401 for access to the Durham school. Non-accessory parking is not an allowed use in the R-12 zone; therefore, a lot line adjustment and zone change is sought with this application. All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18310.2, and 2) all other applicable standards and requirements contained in this title. This table is combined with Table 18.530.2, below to show compliance with the applicable development standards. INDUSTRIAL ZONING DISTRICTS (18.530) A list of permitted, limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. Upon approval of the rezoning of the subject site from R-12 to I-P, the proposed parking lot expansion would be permitted outright in the I-P zone as an accessory use to the existing industrial development. 18.530.040 Development Standards All development must comply with: 1) all of the applicable development standards contained in the underlying zoning district. Development standards in residential zoning districts are contained in Table 18.530.2, and 2) all other applicable standards and requirements contained in this title. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 9 OF 17 • STANDARD I-P R-12 PROPOSED MF/SF I-P/R-12 Minimum Lot Size None 3,050 sq.ft. na/2.72 acres Minimum Lot Width 50 ft. None na Minimum Setbacks Front yard 35 20/15 ft na Side facing street on corner&through lots 20 20/10 ft na Side yard 0/50 10/5 ft na/28 Rear yard 0/50 20/15 ft na Maximum Height 45 ft. 35 ft. na Maximum Site Coverage[2] 75%[5] 80% 76%/<80% Minimum Landscape Requirement 25%[6] 20% 24%/>20% [2]Includes all buildings and impervious surfaces. [5]Maximum site coverage may be increasedto 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. The R-12 zoned property is not currently used for multi-family or single-family housing, but includes the access drive and playground equipment for Durham Elementary School. The proposed adjustment of 3,153 feet does not alter the lot's compliance with the above criteria. The resulting parcel is 2.72 acres in size. Structures on the lot consists of playground equipment,which is located approximately 28 feet from the re-located property line, in compliance with the applicable side yard setback requirement. A majority of the site is used as a field for the elementary school. Therefore, the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirements of 20%. The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres. There is no minimum lot size requirement; therefore, this lot is in compliance with the zone. The adjustment does not modify the width of the lot at the street. Therefore the lot remains in compliance with the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone as the adjustment moves the western lot line away from the building increasing the side yard setback. The previous approval for expansion of the Jackson Business Center (SDR2000-00016) approved a reduction of the landscaping requirement from 25% to 20%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent modification to the Durham Elementary School access approved through CUP2007-00004 increased the landscaping by an additional 108 square feet for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of the landscaping on the Jackson Business center property by 593 square feet. FINDING: As described in analysis above, the proposed project meets the applicable requirements of the respective zoning districts. Other applicable standards and requirements contained in this title are addressed further in this report. ACCESS,EGRESS AND CIRCULATION (18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The applicant submitted a plan set (Exhibit A) and narrative that addresses the access and egress standards, consistent with this standard. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: 1) Satisfactory legal • evidence shall 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. STAFF REPORT TO THE PLANNING COMMISSION MARCI-I 16,2009 PUBLIC FEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/MMD2008-00026 PAGE 10 OF 17 • • The applicant provided a joint use and maintenance agreement between the School District and Mr. Metzger for the access over the Jackson Business Center property as a condition of approval of CUP2007-00004. Therefore, this standard has been met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Durham Road, a ublic street. The existing access provided through the condemnation proceeding, pursuant to CUP2007-00004, connects directly with this street at the intersection of SW 79th Avenue, consistent with this standard. FINDING: The proposed parking lot expansion and associated buffer and landscaped screening are consistent with the applicable access, egress and circulation standards. HISTORIC OVERLAY (18.740) 18.740.020 Applicability of Provisions Designated areas. The historic overlay district shall apply to the following sites and areas: Historic sites and areas; Cultural sites and areas; and Landmarks A portion of the subject site, Tax Lot 401, is designated R-12 with a Historic Overlay (HD) zone. The Historic District contains the historic Durham Elementary School on an adjacent tax lot approximately 400 lineal feet from the proposed parking lot improvements. Designated activities. The provisions of this chapter apply to the demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and the exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. FINDING: The proposed lot line adjustment would not affect the historic overlay zone. Upon ----approval--of—the—lot—line—adjustment,—the ovelay zone—would-continue to-apply—to-the property subsequently zoned I-P. The proposed improvements to the newly zoned site include the expanded parking lot and associated buffer and landscaped screening. Due to the distance from the historic resource and the nature of the improvements, as indicated in the applicant's plan set and narrative, the proposed new construction would not affect the architectural character of the resource, consistent with the purposes and standards of this chapter. LANDSCAPING AND SCREENING (18.745) Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. Pursuant to the Buffer Matrix in Table 18.745.1, the proposed parking requires C- Level buffering between parking lots and land zoned for residential use. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; A buffer area may only be occupied by utilities, screemng, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; The applicant's Landscape Plan (Sheet L1.0) shows the proposed berm and landscape area within a 15- foot buffer, in excess of the 6 to 10 foot buffer requirement. A note on the plan states the applicant's intention to conform to the applicable landscape lanting standards. However, the applicant's narrative states that required screening trees would not be planted within the buffer because of a perceived conflict with the existing sequoias. The City's Arborist has commented that the applicant apply for a variance to the buffer standards pursuant to Section 18.745.050.F.2. In addition, the City Arborist expressed concern that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias and suggests that the final landscape plan to be reviewed and approved by the project arbonst and himself. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z ON 2008-00007/MIS2008-00016/MMD 2008-00026 PAGE 11 OF 17 • Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features,which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. The applicant proposes to screen the ten additional parking spaces using a berm and raised planters by moving the existing walls and plantings 20 feet to the west of their current location. By protecting the existing sequoias per the project arbortst's recommendations (Tree Care and Landscapes Unlimited, Tree Protection Plan, dated November 10, 2008) and incorporating them into the parking lot design as shown in the Grading Plan (Sheet C4.0) and Landscape Plan (Sheet L1.0 , these standards are met. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: ♦ The applicant shall either apply for a variance to the buffer standards, or submit a revised landscape plan that shows landscaping consistent with the standards for buffering and screening in Table 18.745.2 and Section 18.745.050.B.4. subject to review and approval by the City Arborist and the Project Arborist. ♦ The applicant shall adhere to the tree protection guidelines 1-7 in the project arborist report dated 11/10/08 before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. ♦ The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. ♦ The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (1'PZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. OFF-STREET PARKING AND LOADING (18.765) Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant has submitted a narrative and site plan (Sheet C3.0) showing how access, egress, and circulation requirements are fulfilled, consistent with this standard. Location of vehicle parking: STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 12 OF 17 • • Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve; measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. The proposed parking is replacement parking resulting from the School District's condemnation proceeding. The parking is proposed south and adjacent to where the original eleven spaces were removed for the school driveway. Upon adjustment of the proposed lot line, the location for the replacement parking will be on the Jackson Business Center site, consistent with this standard. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the applicant's narrative, the existing parking lot includes adequate ADA spaces. Pursuant to SDR2000-00016, a minimum of 41 parking spaces are required. Two existing ADA parking spaces are provided as indicated on the site plan (Sheet C.30), consistent with this standard. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators According to the applicant's narrative, the proposed parking lot will contain a total of 102 spaces. Therefore, standard is not applicable. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by a two-way private access drive. The proposed design allows room for vehicles to turn around and enter the street so that no backing movement will be required, consistent with this standard. Parking lot landscaping: Parking lots shall be landscaped in accordance with the requirement of Chapter 18.745 This standard is addressed above in the Landscaping and Screening section of this report. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off- street parking recjuirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's narrative states all areas and parking spaces are marked and signed to show direction of flow and maintain vehicular and pedestrian safety, consistent with this standard. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC I-TEARING CPA2008-00013/Z0N2008-00007/MI52008-00016/MMD2008-00026 PAGE 13 OF 17 • • • Wheel Stops: • Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants site plan (Sheet C3.0) does not show any wheel stops in the proposed parking areas. According to the applicant's narrative, proposed parking spaces contain an area 3-feet deep to be landscaped beyond tie curb. The plan set shows the space depth is 18.5 feet to the curb. Therefore, this standard has been met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. The applicant's plans dimension the proposed parking spaces to show that 10 spaces will conform to standard sized spaces. The applicant's site plan shows a 24-foot wide isle, consistent with this standard. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of lprimary entrances to structures; bicycle parking areas shall not be located within parking aisles, andscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The proposal does not change the size of the floor area on which the number of bicycle spaces is determined. Therefore, this standard is not applicable. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The applicant states that, pursuant to SDR2000-00016, 41 parking spaces are required with no maximum limit for light manufacturing uses. The applicant states that the site has 101 parking spaces, consistent with this standard. FINDING: As described above, the off-street parking and loading standards have been met. TREE REMOVAL (18.790) Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan conducted by Kay Kinyon, a certified arborist. The report contains the four required components, and is therefore acceptable. The applicant identifies six sequoias in the vicinity of the proposed parking area. All six are proposed to be retained and protected under the terms set out in the applicant's arborist report. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/M1S2008-00016/NLMD2008-00026 PAGE 14 OF 17 • • Pursuant to 18.790.040, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Not all of the standards of the Tree Removal Chapter have been met. However, with the following condition of approval, the standards can be met. CONDITION: Prior to final inspection, the applicant shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. STREET AND UTILITY IMPROVEMENT STANDARDS (18.810) Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS).completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The proposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. • STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 PAGE 15 OF 17 • • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommocate the additional impermeable surface. No additional treatment is required. FINDING: As discussed above, the applicable street and utility standards have been met As reviewed above, the proposed lot line adjustment between Tax Lots 200 and 401, 10-space parking lot expansion, and landscaping and screening as a minor modification to the existing Jackson Business Center development is consistent with the applicable Tigard Development Code standards, consistent with Section 18.380.030.B.2. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. FINDING: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, lot line adjustment, and a minor modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the School District obtained an access easement across Tax Lot 200 for a new access drive to Durham Elementary school. Access had been provided from SW Shaffer Lane under an easement agreement across CWS property for a period of 20 years without an opportunity for renewal. A settlement agreement between the District and Mr. Metzger included the proposed request in this application. The condemnation proceeding represents a change in the neighborhood, consistent with this standard. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be for denial, approval, or approval with conditions. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Arborist reviewed the proposal and provided comments that have been incorporated in the findings of this report. Clean Water Services reviewed the proposal and determined that the project will not significantly impact the existing or potentially existing sensitive areas found near the site. STAFF REPORT TO THE PLANNING COMMISSION MARCH 16,2009 PUBLIC HEARING CPA2008-00013/Z0N2008-00007/M1S2008-00016/MMD2008-00026 PAGE 16 OF 17 • • SECTION VI. CONCLUSION AND RECOMMENDATION CONCLUSION: Based on the foregoing findings, staff finds that the proposed Comprehensive Plan and Zoning Map Amendment is consistent wit-z applicable provisions of the Tigard Comprehensive Plan, statewide planning goals, Tigard Development Code, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application and may be approved. In addition, based on the foregoing findings, staff finds that the proposed lot line adjustment and minor modification are consistent with the applicable standards of the Tigard Development Code and may be approved, subject to recommended conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed comprehensive plan amendment and zone change. Also recommended for APPROVAL are the lot line adjustment and minor modification, subject to proposed conditions of approval. 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SOCCER _ . FIELD / ` g CPA2008-00013/Z0N2008-00007 • • • JACKSON BUSINESS CTR. & . DURHAM ELEM. SCHOOL PLAN &MAP AMENDMENT NOTICE TO MORTGAGEE ENHOLDE VENDOR OR SE LER N R' THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 1111 ` IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER • . TIGARD • PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, MARCH 16, 2009 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, APRIL 14, 2009 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 ZONE CHANGE ZON) 2008-00007 LOT LINE AD NT (;M1V�IS)) 2008-00016 MINOR MODIFICATION(MM).2008-00026 FILE TITLE: . JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL PLAN &MAP AMENDMENT APPLICANT/ Rob Saxton OWNER: David Metzger OWNER: Tigard-Tualatin School District 23J . . Metzger Ventures, LLC 6960 SW Sandburg Street P.O Box 400 Tigard, OR 97223 Sherwood, OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally, and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the Pi" zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay, 18.745 Landscaping and Screening; 18.765, Off- Street Parking and Loading Requirements; Comprehensive Plan Goal # 1, Citizen Involvement; Goal #2, Land Use Planning;and-Goal#9,Economic Development. THE PUBLIC HEARING ON THIS_ TIER WILL BE CONDUCTED IN AORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COI�TY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL.503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (I'DD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRI'1"1EN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST,OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER AT 503-639- 4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO garyp@ tigard-or.gov. . • 1 I / ! Jr I ���,1'—�— 1 r• VICINITY MAP LANG 1itEC Cif •, / r._,_�� I-iI Iif --i.�---� c � i : I 1 .—_ �- - I c` —L_�i CPA2008.00013•ZON2008.00007 i \ J - > :.� - I---h =— JACKSON BUSINESS CTR& ]32�` I I-:�— I DURHAM ELEM.SCHOOL , ' I._�s-r-- 2` - • i.LL / PLAN&tv1APAMENDMENT I f 1 I 1_- M I = �3_x .x_. _. 1 SCI IUI;CIIILL WAY C I`A11I IN I Cam._ 1 JI 1 : ~ x�^U L _ UOU Sf- 1 , _- I I(. 1 �'l0 _■ ,� � ALUEH . Subject Site I = (11)11'ill I :--= (_ III+ — i VUI<HAIA 111)11 1 111 : ` �y_ //x /' Fl • 511; ,'•JJ 71! �' ` � fij" 2i' �Sr Tai=l::!!!!1:;j;;:;;;;;;2:;1 \ . P l ISiii:=iii:ii°............................:.... ,. ,,,I —•� .,4';-5.' I / '/ j If1 _- i 1 . /r I 1 T. 1 1 •—I 1-1-1—I-1:'--I _ • S PLEASE POST ON THE CITY'S WEBSITE AT THE FOLLOWING LOCATIONS: http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp http://www.tig-ard-or.gov/city hall/departments/cd/code amendments/cpa2008-00013.asp http://www.tigard-or.gov/community/calendar/calendatasp http://www.tigard-or.gov/city hall/public notices/default.asp PRIMARY COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 FILE NUMBER: Click here to see the proposed code changes Hearing Dates: Planning Commission: Monday, March 16, 2009, 7:00 PM City Council: Tuesday, April 14, 2009, 7:30 PM A Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion Proposal: of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. • S • PLEASE PROVIDE A LINK TO THE APPLICATION SUMMARY BELOW FROM Click here to see the proposed code chancres IN THE PROPOSAL DESCRIPTION ABOVE (pg. 1). COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 FILE NOS.: ZONE CHANGE (ZON) 2008-00007 LOT LINE ADJUSTMENT (MIS) 2008-00016 MINOR MODIFICATION (MMD) 2008-00026 FILE TITLE: JACKSON BUSINESS CNTR. & DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT PROPOSED CODE R-12: Medium-Density Residential District to I-P: Industrial Park District AMENDMENTS: Rob Saxton APPLICANT: Tigard-Tualatin School District 233 6960 SW Sandburg Street Tigard, OR 97223 A Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a REQUEST: portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: 7800 & 7950 SW Durham Road; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally; to I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale ZONE: commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and APPLICABLE Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; REVIEW CRITERIA: 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal #1, Citizen Involvement; Goal #2, Land Use Planning; and Goal #9, Economic Development); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. • STAFF CONTACT: Gary Pagenstecher, Associate Planner aarvDCttiaard-or.gov or 503-718-2434 HEARING DATES: Planning Commission: Monday, March 16, 2009, 7:00 PM City Council: Tuesday, April 14, 2009, 7:30 PM • _ • • .] 5-12`Icd f DLCD Notice of M F Proposed Amendment 4-= COp THIS FORM MUST BE RECEIVED BY DLCD AT LEAST 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING -ter DLCD a Us c;.� PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 Jurisdiction: City of Tigard Local file number: CPA2008-00013 Date of First Evidentiary hearing: 3/16/09 Date of Final'Hearing: 4/14/09 Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: N/A ❑ Comprehensive Plan Text Amendment ® Comprehensive Plan Map Amendment I Land Use Regulation Amendment ® Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): The applicant proposes adjusting the common lot line to transfer 3,153 sq. ft. from the Durham Elementary School to the Jackson Business Center and changing the Medium- Density Residential (R-12) zone to Industrial Park (I-P) to accommodate the loss of parking to the business center when the school district condemned a portion of the site for a new access to the school. Has sufficient information been included to advise DLCD of the effect of proposal? Yes Plan map changed from: Medium-Density Residential To: Industrial Park Zone map changed from: R-12 To: I-P Location of property (do not use Tax Lot): Bounded by SW Durham Road, across from 79th Ave. Previous density: N/A New density: N/A Acres involved: 3,153 sq. ft. Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 X X X Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals: N/A Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only reports this information.): Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: garyp(a�tigard-or.gov DLCD file No. • S . _ SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610 and OAR Chapter 660, Division 18 1 . This form must be submitted by local jurisdictions only (not by an applicant). 2. When submitting, please print this form on light green paper. 3. Send this Form and TWO COPIES of the proposed amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 4. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 5. Unless exempt by ORS 197.610(2), proposed amendments must be received at the DLCD's Salem office at least 45 days before the first evidentiary hearing on the proposal. (The clock begins on the day DLCD receives your proposal.) The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 6. Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the effect of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 7. Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map should be legible and on 81/2 x 11 inch paper. Please provide the specific location of property, such as an address and/or tax lot number. Include text regarding background and/or the justification for the change, such as the application accepted by the local government. 8. Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 9. Do not submit this form without supporting documentation. 10.Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8.112x11 �r ran paper only. You may also call the DLCD Office at (503) 373- 0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.Icd.state.or.us/LCD/forms.shtml Updated November 27, 2006 9 II U.S. Postal Service,. 1-1 C.r Attn: Patty/Planning !� (O' RE: CPA2008-00013 •rovided) I` For Jackson Busns.Ctr./Durham Ele.School ,s.corn `fl "Notice of Proposed Amendment" 17 '' Imo, m . t/q2,4i~�9\ m Postage � � • ,7g � Certified Fee '} �4 { y ("Pos Return Receipt Fee J II (Endorsement Required) 2 ZO ry,:,;-y Restricted Delivery Fee m (Endorsement Required) m Total Postage&Fees•EINIMI ra • _ Sent To O ' ATTN: PLAN AMENDMENT SPECIALIST O Street,Apt.No.; Oregon Dept.of Land Conservation&Development N or PO Box No. I 635 Capital Street NE,Suite 150 City,State,ZIP+4 Salem,OR 97301-2540 I_PS Form 3800,August 2006 See Reverse for Instructions — SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON 1.1ELIVERY . • Complete items 1,2,and 3.Also complete A item if Restricted Delivery is desired. A- : -ssee ■ Print our name and address on the reverse. �� .. I so that we can return the card to you. — ' _ • Attach this card to the back of the mailpiece, B Received by(Printe• ■., relive or on the front if space permits. MI ' D. Is de!very address diffe nt from item? • Y .ill 1. Article Addressed to: If YES,enter delivery ad.ress below: • N ATTN: PLAN AMENDMENT SPECIALIST t Oregon Dept_of LaudfConservation&Development i• 635 Capital Street NE,Suite 150 , 3. Service Type ent�.OR.97301;2540, ) ..- �* s Certified Mail ❑Express Mail _ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. . 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number E[ 7008 1830 0004 3346 8751 I (Transfer from service label) I' • i PS Form 3811,February 2004 Domestic Return Receipt I% 102595-02-M-1540 VEQUEF Fob COMMaNTs • • CleanWater Services Our commitment is clear. RECEIVED MEMORANDUM FEB�1199'20 9 CITY OF TROD 9 CITY OFTv . .A - , DATE: February 12, 2009 FROM: David Schweitzer, Clean Water Services TO: Gary Pagenstecher Associate Planner, City of Tigard SUBJECT: Review Comments — CPA 2008-00013, ZON 2008-00007 Jackson Business Center& Durham Elementary School GENERAL COMMENTS • This Land Use Review by Clean Water Services (District) does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District,prior to issuance of any connection permit, must review and approve final construction plans. • All provisions of the development submittal shall be in accordance with Clean Water Services(CWS) Design and Construction Standards,presently Resolution and Order No. 07- 20 (R&O 07-20), and all current Intergovernmental Agreements between the City and CWS. • Final construction plans must be reviewed by CWS for conformance with R&O 07-20. • A Stormwater Connection Permit Authorization Letter shall be authorized by CWS prior to construction of sanitary sewer, storm and surface water systems,and final plat approval. • All public storm and sanitary easements shall be shown on the final stamped and signed - - construction plans. SANITARY SEWER • The project as proposed does not appear to require additional or new sanitary service. STORM DRAINAGE AND WATER QUALITY • A hydraulic and hydrological analysis of the existing storm conveyance system in accordance with R&O 07-20 is required. A downstream conveyance analysis is required. The applicant is responsible for mitigating downstream storm conveyance if the existing system does not have the capacity to convey the runoff volume from a 25-year, 24-hour storm event. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone:(503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org �� • • CleanWater Services Our commitment is clear. • The existing water quality facility treating all impervious surfaces being constructed or preserved as part of this development on site and the adjacent site (CUP 2007-00004) shall be upgraded to a public facility per R&O 07-20 chapter 4 as it will be serving multiple tax lots. • Access to public Water Quality Facilities shall be per chapter 4.02.4. SENSITIVE AREA • The Sensitive Area Pre-Screening Site Assessment (CWS File Number 08-003521 for Tax/Lot maps 2S1 13BA-00200 and-00401), fords this project will not significantly impact the existing or potentially sensitive areas found near the site. This document will serve as the Service Provider Letter for this project. EROSION CONTROL • For improvements disturbing 1-acres plus; site improvements and any improvements within the public Right Of Way, a 1200-C Permit shall be required. • Provide erosion control in accordance with the current CWS design and construction standards. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org ` • • City of Tigard i TIGARD Memorandum To: Gary Pegenstecher, Associate Planner From: Greg Berry, Project Engineer Re: CPA 2008-00013 School District Date: 12/26/ 2008 Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The submitted drainage report shows that the existing drainage facilities have adequate capacity to accommodate the increased impermeable surface which would result from the proposed additional parking. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in • • storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The proposed additional impermeable surface is adjacent to Fanno Creek, so the storm water runoff should be permitted to discharge without detention. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The submitted drainage reports shows that the existing water quality facility was installed with adequate capacity to accommodate the additional impermeable surface. No additional treatment is required. Recommendations: Record the lot line adjustment at Washington County within 18 months of this decision and submit a copy of the recorded survey map to the City within 15 days of recording. 6r .. • • IN q • MEMORANDUM T I GARD . TO: Gary Pagenstecher FROM: Todd Prager, City Arborist RE: Jackson Business Center and Durham Elementary Minor Modification DATE: February 9, 2009 As you requested I have provided comments on the "Jackson Business Center and Durham Elementary" minor modification project. If you have any questions or concerns regarding my comments please contact me anytime. 18.370.010 Variances A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. B. Applicability of provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. 2. An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Section 18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions. C. Approval process and standards. 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using standards of approval contained in Subsection 2 below. • • 2 The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title;and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. This requirement has not been met. The applicant is proposing to vary from the "C" buffer requirement. Section 18.745.050.F.2 requires an application for a variance. 18.745.030 General Provisions C. Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the most recent edition of the American Institute of Architects' Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. 2 The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z-60, 1-1986, and any other future revisions);and Page 2 of 7 • • 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. 18.745.050, Buffering and Screening B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2 A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition,improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. The requirement has not been met. Page 3 of 7 ID • The applicant is proposing to vary from the "C" buffer requirement. Section 18.745.050.F.2 requires an application for a variance. In addition, the landscape plan on sheet L1.0 does not demonstrate how the buffer requirement will be met to the greatest extent possible. Finally, I am concerned that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias. Please consider requiring the final landscape plan to be reviewed and approved by the project arborist and myself. E. Screening:special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening ofparldng and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off- street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect;and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. This requirement will be met by protecting the existing sequoias per the project arborist's recommendations and incorporating them into the parking lot design. F. Buffer Matrix. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; Page 4 of 7 • • 2 An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 02-33) This requirement has not been met. The applicant is proposing to vary from the "C" buffer requirement. Section 18.745.050.F.2 requires an application for a variance. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment- laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2 Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit.A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. Page 5 of 7 • D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2 Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2, excluding D.4. above, is not permitted. It does not appear that the applicant is proposing to remove trees from a sensitive lands area. CONDITIONS OF APPROVAL Buffer Trees This requirement has not been met. The applicant is proposing to vary from the "C" buffer requirement. Section 18.745.050.F.2 requires an application for a variance. In addition, the landscape plan on sheet L1.0 does not demonstrate how the buffer requirement will be met to the greatest extent possible. Finally, I am concerned that raising the grade behind the trees with a rock wall planter will be detrimental to the health of the already heavily impacted sequoias. Please consider requiring the final landscape plan to be reviewed and approved by the project arborist and myself. Parking Lot Trees This requirement will be met by protecting the existing sequoias per the project arborist's recommendations and incorporating them into the parking lot design. Page 6 of 7 • • Tree Plan In order to allow the existing sequoias to be used to meet the buffer and parking lot tree requirement they need to be adequately protected before, during, and after construction. Please consider requiring the final landscape plan to be reviewed and approved by the project arborist and myself. Tree protection guidelines 1-7 in the project arborist report dated 11/10/08 shall be adhered to before, during, and after construction. As each step is completed, the project arborist shall prepare a documenting report that shall be submitted to the City. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Page 7 of 7 4q _\ • • TIGARD REQUEST FOR COMMENTS DA"1'E: January 29,2009 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 684-7297 Email:garyp(a,tigard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/ LOT LINE ADJUSTMENT (MIS)2008-00016/MINOR MODIFICATION (MMD) 2008-00026 -JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN & ZONING MAP AMENDMENT- REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally; and I- P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts,e.g.,noise,glare,odor,vibration,are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal #1, Citizen Involvement; Goal #2, Land Use Planning; and Goal #9, Economic Development); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. Attached are the Site Plan,Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 12,2009(or sooner if possible). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. --2- ---/i'l' t \-• r, Y OF TIGARD REQUEST FOR ' MMENTS z 1 NOTIFICA1 LIST FOR LAND USE & COMMUNITY DEOPMENT APPLICATIONS FILE NOS.:CM09-3•dZAN 0$-0?'/VIS Of-a..IYil".14 FILE NAME:_6-i°-',�. �o ,Satu&i$//1 's C CITY OFFICES III 7k LONG RANGE PLANNING/Ron Bunch,Planning Mgr. CURRENT PLANNING/Todd Prager/Arborist-Planner _PUBLIC WORKS/Brian Rager,Asst.Public Works Dir. 'V _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor X ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _PUBLIC WORKS/Steve Martin,Parks Supervisor _CITY ADMINISTRATION/Cathy Wheatley,City Recorder X ENGINEERING DEPT./Greg Berry,Project Engineer HEARINGS OFFICER(+2 sets) _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._POLICE DEPT./Jim Wolf,Crime Prevention Officer **PLANNING COMMISSION/GRETCHEN(+12 Sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS 2.. _ TUAL.HILLS PARK&REC.DIST.*_'I'UALATIN VALLEY FIRE&RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT* 1_/CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS ii CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(zcA) US ARMY CORPS.OF ENG. Durham,OR 97224 Paulette Allen,Growth Management Coordinator JAR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Mepescws Letter only) le-Mel Huie,Greenspaces Coordinator(CPA/WA) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC-Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(zcA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacaaons) _Sr.Cartographer(CPA2cA)MS 14 - -1900 SW 4th Avenue,Suite 4100- 2020 SW Fourth Avenue,Suite 400 123 NW Flanders - _Jim Nims,Surveyor(2CA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. WA.CO.CONSOL.COMM.AGNCY DOT,REGION') -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"(monopole rowera) Sam Hunaidi,Assistant District Manager (Notify If ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(saa Map for Area Contao) (If Project is Within''/.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center • 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY _VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (See Map for Ares contao) Brian Every(Apps E of HaNN.ot 99W) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 28-Aug-08) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documer PLANN I NJ & SECKETAIZX /vIATEKLA • • , COMMUNITY --- -------____ ----- NEWSPAPERS 0005 SE take Road,Portland,OR B7222•P9 Box 22109•Portland,OR 07208.2100 • • • Phone:503884 0300 Fax:503 20 3433 III • ': PUBLIC HEARING ITEM: Email: leBals @cammaewspapers.com TIGARD AFFIDAVIT OF PUBLICATION • State of Oregon, County of Washington, SS The following will be considered by the Tigard Planning I, Charlotte Allsop, being the first duly sworn, Commission on Monday March 16, 2009 at 7:00 PM at the depose and say that I am the Accounting Tigard Civic Center-Town Hall, 13125 SW Hall Blvd. Tigard, Manager of The Times (serving Tigard, Oregon. Tualatin & Sherwood), a newspaper of Public oral or written testimony is invited. The public general circulation, published at Beaverton, hearing on this matter will be held under Title 18 and rules of in the aforesaid county and state, as defined procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The by ORS 193.010 and 193.020, that Planning Commission's review is for the purpose of making, a recommendation to the City Council on the request. The City of Tigard ' Council will then hold a public hearing on the,request-prion-to Notice of Public Hearing .1 making a decision. ZTT11261 Further information maybe obtained from the City of Tigard Planning Division (Staff contact: - Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon A copy of which is hereto annexed, was 97223 or by calling 503-639-4171. published in the entire issue of said newspaper for COMPREHENSIVE PLAN AMENDMENT(CPA) week in the following issue 1,, 2008700013/ZONE CHANGE(ZON)2008-00007/LOT February 26, 2009 LINE ADJUSTMENT(MIS)2008-00016/MINOR MODIFICATION(MMD)2008-00026 aar -JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN &ZONING MAP AMENDMENT Charlotte Allsop(Accounting M nager) _ LL Subscribed and sworn to before me this February 26, 2009. /IA OFFICIAL SEAL l c�( ROBlP1 A.BURGESS C.t.) ^:+ NOTARY PUBLIC-OREGON '`" NOTARY PUBLIC FOR OR ON COMMISSIONRESMAY16, My commission expires MY COMMISSION EXPIRES MAY 16,2009 Acct#10093001 Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 13.5 Amount Due$225.45* 'Please remit to the address above. • • NEWSPAPERS . 0805 SE Lake Road,Portland,OR 87222•PO Hos 22108•Portland,OR 072882100 ' .II ii Phone'503.884.0380 Fat 503.8283433 • •• PUBLIC HEARING ITEM: Email: Ieaals @sommaewspapers.00m TIGARD . AFFIDAVIT OF PUBLICATION . State of Oregon, County of Washington, SS , The following will be considered by the ward Planning I, Charlotte Allsop, being the first duly sworn, Commission on Monday March 16.2009 at 7:00 PM at the depose and say that I am the Accounting Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Manager of The Times(serving Tigard, Oregon. Tualatin & Sherwood), a newspaper of Public oral or written testimony is invited. The public published at Beaverton, hearing on this matter will be held under Title 18 and rules of general circulation, p ' procedure adopted by the Council and available at City Hall or in the aforesaid county and state, as defined the rules of procedure set forth in Section 18.390.060.E. The by ORS 193.010 and 193.020, that ; Planning Commission's review is for the purpose of making.) a recommendation to the City Council on the request. The City of Tigard Council will then hold a public hearing on the request-priorto • Notice of Public Hearing making a decision. Further information may be. obtained from the City of Tigard; TT11261 Planning Division (Staff contact: - Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon A copy of which is hereto annexed, was , 97223 or by calling 503-639-4171. ' published in the entire issue of said . newspaper for 1 COMPREHENSIVE PLAN AMENDMENT(CPA) week in the following issue , 200840013/ZONE CHANGE(ZON)2008-00007/LOT February 26, 2009 LINE ADJUSTMENT(MIS)2008-00016/MINOR MODIFICATION(MMD)2008-00026 • - . Cl `F, -JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN Charlotte Allsop(Accounting M Hager) &ZONING MAP AMENDMENT Subscribed and sworn to before me this !REQUEST: The applicant is requesting a Comprehensive February 26, 2009. I Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center ,a.t..) 6‘.44e ,when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes NOTARY PUBLIC FOR OR eV 'adjusting the common lot line to transfer 3,153 square feet from My commission expires the School District to the Business Center and changing the 1 Medium Density Residential (R-12)zone to Industrial Park(I- Acct#10093001 r P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The roe is located 1 Attn: Patty Lunsford property rty City of Tigard l at 7800 and 7950 SW Durham Road. The site is bounded by 13125 SW Hall Blvd i'SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots i Tigard, OR 97223 200 and 401, respectively. ZQNES: R-12: Medium-Density j 1 Residential District. The R-12 zoning district is designed to Size: 2 x 13.5 'accommodate a full range of housing types at a minimum lot Amount Due$225.45* size of 3,050 square feet. A wide range of civic and institutional *Please remit to the address above. uses are also permitted conditionally; and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light'manufacturing, office and small-scale commercial uses,e.g.,restaurants,personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts,e.g.,noise,glare,odor,vibration, are permitted in the I-P zone. In addition to mandatory, site development.review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium- Density Residential to Industrial Park. APPLICABLE REVIEW,CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.396.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements;. Comprehensive Plan Goal #1, Citizen Involvement;Goal#2,Land Use Planning;and Goal#9, Economic Development. 111 tS1 S1l�T i ?(" -__ / a VICINITY MAP } ((f7YUEI.UII /��p� �11_��,a 1 "f"s' ..t .. "•�.I- I"1 J 'fit. \ Wiji l 'L. CF049.0001JAANIDP/-0OW I i �i ) =IT:217g:07 lCMOtlI 'tea=.g.,,...:...'. �� ouN i W.ANENRUfa f ., l r�rr n LJ� �� _� � ��sT_I.. sI11�� sei it L i nu ml i •_ Jt _,,,, 11 1 A(UtN!<T. f n. �.YY UUIL tI11T ( r ""' sNFXtiP ��hh,, 'r , ,,_b. f — h ? mx+ 11 Publish 02/26/2009. - TT11261 • • AFFIDAVIT OF MAILING V1 . ` ile RD I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Chmk APPr.P Bc.(s) ) © NOTICE. OF PUBLIC HEARING FOR CPA2008-00013/ZCA2008-00007/MIS2008-00016/MMD2008-00026-JACKSON BUSINESS CENTER& DURHAM ELEMENTARY SCHOOL PLAN&MAP AMENDMENT (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (3/16/2009) ® Tigard City Council (4/14/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and by reference made a part hereof,on Feb . * 23,2009,and deposited in the United States Mail on February 23,2009,postage prepaid. •//1.` 14 A air. ..44A/ , wA/ (Person-7 Pre... -d Notice. i STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirined before me on the AS day of Fb134 2009. fi i�..,• OFFICIAL SEAL f d c' - ': SHIRLEY L TREAT 'J d �`�' NOTARY PUBLIC•ORE(30N 1 %`I® COMMISSION NO.418777 �) NOT Y PUB C OF OREGON ' MY COMMISSION EXPIRES APRIL 25.2011 ( (4/.../5/1 --����ti�—��- --�-�-�.—-�� My Commission Expires EXHIBIT` NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER 1111 THE TIGARD DEVELOPMENT OODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, MARCH 16, 2009 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, APRIL 14, 2009 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 ZONE CIANGE ZO 2008-00007 LOT LINE AD1US SI 2008-00016 MINOR MODIFICATION ) 2008-00026 FILE TITLE: JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL PLAN &MAP AMENDMENT APPLICANT/ Rob Saxton OWNER: David Metzger OWNER Tigard-Tualatin School District 23J Metzger Ventures, LLC 6960 SW Sandburg Street P.O Box 400 Tigard, OR 97223 Sherwood, OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 - REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south;Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally, and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the Pi) zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay, 18.745 Landscaping and Screening; 18.765, Off- Street Parking and Loading Requirements; Comprehensive Plan Goal # 1, Citizen Involvement; Goal #2, Land Use Planning; and Goal#9,Economic Development. THE PUBLIC HEARING ON THISAI TER WILL BE CONDUCTED IN ilikORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND QTY COUNCIL AND AVAILABLE AT CITY HALL.• ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN•LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (IUD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIT1•EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRIrI"lEN TESTIMONY ON THIS PROPOSED ACIION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLAN NER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACHON ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECIION AT NO COST,OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER AT 503-639- 4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO garypCa?tigard-or.gov. I ! _( lull(_I`1I J Imo,// I I�>..-)� ' Q<� �r VICINITY MAP I {I Ll4NG'fftE.:�f _ 11_ �. f 'L Q,,,,,,• ne�:wed-�� J _-I P114.1 I.�_1_1_T,EP I— _ la I I .,._ CPA2008-00013RON2008-00007 ! 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GOLDBERG,LAURA D HOF •RT FA ILY 7151 PINTAIL DR PROP S LLC CARLSBAD,CA 92011 4632 ' RMONT ST Pt!. TLAND, •R 97219 2S112CC05000 2S112CC15000 HAGAN,ELIZABETH R TRUSTEE HO ART F ILY 8020 SW BOND ST PRO R S LLC TIGARD,OR 97224 4632 VERMONT ST P LAN OR 97219 2 112CD14 00 2S112CC16000 H• BA CROSSING OWNERS HOEFART F Y ASS* •TION PRO S LLC , %8000 4632 VERMONT ST P TLA OR 97219 112CD141ee 2S112CC14000 HA =:C ROSSING OWNERS H ART F ILY ASSOC •ION PROP IES LLC , 08:00 46 SW RMONT ST RTLAND, R 97219 112CD14300 2S112CC15100 HA ACH OSSING OWNERS H, FFART ILY ASS TION PR IES LLC 0000 463 VERMONT ST RTLA ,OR 97219 2S112CD13800 2S112CD09400 HARANATH,SAI P H FART F ILY 7844 SW ALDER ST PRO R S LLC TIGARD,OR 97224 4632 VERMONT ST P LA ,OR 97219 2S112CD00800 2S112CC14100 HAVERY,JOHN W MADELON H• FART F• r ILY 15970 SW 76TH AVE PRO' ' S LLC TIGARD,OR 97224 4632 'g' ERMONT ST Po-TLAN' OR 97219 2S 112C D04700 2 112CC15800 HEIDER,RICHARD R AND HO ART F ILY LAURELEI M PRO IES LLC 7948 SW BOND ST 463 ERMONT ST TIGARD,OR 97224 RTLAN OR 97219 2S112CC14600 2S.12CC16104 HOFFART FAMILY HO •RT F,MILY PROPERTIES LLC PROP'; ES LLC 4632 SW VERMONT ST 463 RMONT ST PORTLAND,OR 97219 Pr,-TLAND, •R 97219 2S112CC15900 2S112CD02300 HOFFART, HERBERT J HOFFMAN,JUDITH A 4632 SW VERMONT ST 7865 SW BOND ST PORTLAND,OR 97219 TIGARD,OR 97224 2S112CC152.0 2S112CD13600 FAR ERBERT J HOLLAN,ANGELA E 463 VERMONT ST 15486 BRIANNE CT P►-TLA ;•,OR 97219 LAKE OSWEGO,OR 97035 2 112CC1 0 2S112CD04900 HO ,HERBERT J HORAN,MARY CHRIS 46 VERMONT ST 7980 SW BOND ST RTLAN ,OR 97219 TIGARD,OR 97224 2S112CC154t0 2S113BA00100 FAR , ERBERT J JOHNSON FAMILY TRUST,THE 463 44 VERMONT BY CARL H JOHNSON TR P.-TLA I,OR 97219 8965 SW BURNHAM ST TIGARD,OR 97223 2S112CC157P' 2S112CC04900 H• FA- , ERBERT J JOHNSON,BRADLEY A/PAULA C 463• VERMONT ST 8000 SW BOND ;.RTLA 0,OR 97219 TIGARD,OR 97224 S112CC1621% 2S112CD12600 H• FAR 'ERBERT J JONES,DAWN E& 4632 :+ VERMONT ST CI■ INSKI,JOHN A -TLA,',OR 97219 16068 SW 77TH TER TIGARD,OR 97224 112CC1470 2S112CD04400 HO RT RBERT J KAESS,JENNA L& 4632 VERMONT ST SCHNEPF,ZACHARIAH P TLA ,OR 97219 15880 SW 79TH AVE TIGARD,OR 97224 112CC15600 2S112CC05100 HO RT RBERT J KIRKPATRICK,DEAN L& 4632 VERMONT ST CHRISTINA L TLA OR 97219 8050 SW BOND ST TIGARD,OR 97224 2 12CC1530 2S112CD11600 HO R RBERT J KNAPP,CHRISTOPHER&IOLANDA 463 ERMONT ST 7701 SW ALDER ST TLAN , R 97219 TIGARD,OR 97224 2S CC1420 2S112CD03600 HOFF , ERBERT J LEBEDA,VLASTIMIL/SHARON 463 RMONT ST 15607 SW HIGHPOINT DR RTLAND, 97219 SHERWOOD,OR 97140 2S112CD13500 2S112CD11500 LUCHAU,COURTNEY NEWBERRY,ROBERT E&MARY A 7794 SW ALDER ST 7707 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD09800 2S112CD12200 MANNEH,BASSI& NGUYEN,PHU THANH&THUY CALVIN-MANNEH,CARMELLE 16002 SW 77TH TER 7955 SW CAROL ANN CT TIGARD,OR 97224 TIGARD,OR 97224 2S112CC05300 2S112CC14400 MAY,GLADYS M& OLSON,DENNIS M& SIKORSKI,MICHAEL MARILYN J 8090 SW BOND ST 18820 SW TUALATA AVE TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S112CC15500 2S112CC14300 MCCLURE,ELISE OLSON,RONALD D& 4632 SW VERMONT ST LINDA A • PORTLAND,OR 97219 3297 SW LAKE GROVE AVE LAKE OSWEGO,OR 97035 2S112CD09500 2S112CD05400 MCGREGOR,SUSAN J ONTHANK,SONJA R 4632 SW VERMONT ST 7947 SW BOND ST PORTLAND,OR 97219 TIGARD,OR 97224 2S113BA00200 2S112CD14700 METZGER VENTURES,LLC OTIS,BRIAN&LORRAINE PO BOX 400 12244 SW AMES LN SHERWOOD,OR 97140 TIGARD,OR 97224 2S112CD13200 2 12CD14 MILLER,ROGER J OTI , N&LORRAINE 7750 SW CYPRESS LN 12 S ES LN TIGARD,OR 97223 T ARD,OR 224 2S112CD14800 2S112CD13300 MIRZAALI,FARHAD PALACIOS,ALEJANDRO 7952 SW CAROL ANN CT 7764 SW CYPRESS LN TIGARD,OR 97224 TIGARD,OR 97224 2S112CC01801 2S112CD11000 MOTLEY,LAUREL PEARSALL,CHARLES A&SHERYL T 8175 SW DURHAM RD 7765 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD02400 2S112CD13700 MUDD,MICHAEL J&WENDY W POAGE,STEPHEN D&LINDA K 7845 SW BOND ST 7826 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CC04700 2S112CD05000 POWELL,ROBERT J& ROGERS,SHAWN&GWENDOLYN POWELL,ANNE C 7996 SW BOND ST 15860 SW 80TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S112CD04800 2S 112C D 11300 RACANELLI,ROCKY AND DENISE SALISBURY,BEN 7964 SW BOND ST 7727 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD13000 2S112CC06000 RAMIREZ,REUBEN& SAYLER,DEBORAH A CORTEZ-PEREZ,ANACELINA • 15976 SW 81ST AVE 3113 TEDDINGTON DR TIGARD,OR 97224 SAN JOSE,CA 95148 2S112CD05201 2S112CD12000 RAY,MICHAEL D& SCAFIDI,JOE&JOANNE P RAY,DIANA L 15984 SW 77TH TER 7979 SW BOND ST TIGARD,OR 97224 PORTLAND,OR 97224 2S112CD03900 2S112CD10800 RDQ PROPERTIES,LLC SCHACHT,GEORG E&LYA 2105 PEREGRINE CT 7791 SW ALDER ST WEST LINN,OR 97068 TIGARD,OR 97224 2S112CD11100 2S112CD05100 REID,EILEEN M&HARRY H J SCHEFTER,ANDREW R&ABBIE 7751 SW ALDER ST 7995 SW BOND ST TIGARD,OR 97224 PORTLAND,OR 97224 2S112CC05700 2S112CC05400 RICHARDSON,ROBIN J SCHMIDT,DONALD E& 15910 SW 81ST CT SCHMIDT,ANGELA CLAYTON TIGARD,OR 97224 8110 SW BOND ST TIGARD,OR 97224 2S112CD00900 2S112CD12500 RIVAS,ROSE LIFE ESTATE& SINGER,DENA RIVAS IRREVOCABLE TRUST 16050 SW 77TH TER 16060 SW 76TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S112CD10300 2S112CD02500 ROBINSON,JOHN C SJORDAL,SUSAN J 7871 SW ALDER ST 7785 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 • 2S112CD10500 2S112CD04600 ROCKER,ANDREW D&MARYJANE SMITH,JOHN WILLIAM 7833 SW ALDER ST 7932 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 25112CD02200 2S112CD14500 SNIDER,JASON B&JODI J TITTERINGTON,PETER K&ROSE 15588 SW 76TH AVE 7925 SW CAROL ANN CT TIGARD,OR 97224 TIGARD,OR 97224 2S112CC14900 2S112CD13100 SOTELO,JORGE A& VANDERHEIDEN,JOHN P&MARITA A VERONICA L 2167 NW TWILIGHT DR 16029 SW 80TH PL BEND,OR 97701 TIGARD,OR 97224 2S112CD12100 2S112CD03500 STEVENSON,SARA R WAGNER,ERNST J 15996 SW 77TH TER 7680 SW BOND TIGARD,OR 97224 TIGARD,OR 97224 2S112CD11700 2S112CD02100 STRUCK,MICHAEL&DENA WALLIS,MICHAEL E& 7683 SW ALDER ST WALLIS,ROBIN R TIGARD,OR 97224 7895 SW BOND ST TIGARD,OR 97224 2S112CD03700 2S112CD04000 TAUTFEST,DONALD D WALLS,CHARLOTTE 7720 SW BOND ST 7780 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 S112CD14900 2S112CD11900 TI RD, OF WHEELER,DOTTIE FIELDS 131 HALL BLVD 15976 SW 77TH TER ARD, R 97223 TIGARD,OR 97224 2 112C D 102 2S 112C D03400 TI RD Y OF WHITE,KENDALL C& 1312 W HALL BLVD BARRETO,CECILIE M T AR ,OR 97223 7660 SW BOND ST TIGARD,OR 97224 2S113BA00401 2S112CD04300 TIGARD-TUALATIN SCHOOL WINSTON,MARK&ZSUZSANNA DISTRICT#23J 17576 LAKE HAVEN DR 6960 SW SANDBURG ST LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S113B000311 2S112CD03300 RD-T 'LATIN SCHOOL ZELL,TROY A&MAEGAN M DIS - #23J 15895 SW 76TH AVE 69- S'' SANDBURG ST TIGARD,OR 97224 • GARD, • 97223 2 13BA00 0 2S112CD11200 TIG D- ALATIN SCHOOL ZIEGLER,THEODORE A&MARY L LIV DIST T#23J BY THEODORE A&MARY L ZIEGLER TRS 69 SW ANDBURG ST 7737 SW ALDER ST ARD,0 97223 TIGARD,OR 97224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136th Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Paul Owen Norris Beggs & Simpson 10335 SW Highland Drive 121 SW Morrison, Suite 200 Tigard, OR 97224 Portland, OR 97204 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW.Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES (op. I of 11 li:\curoln\setuo\labels\CIT South.docl UPDATED: 16-Dec-08 AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: V THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY •OF THE NOTICE THAT WAS POSTED ON THE SITE. !Phi:: G A R D In the Matter of the Proposed Land Use Applications for: Land Use File No.: CPA2008-00013/ZON2008-00007/MIS2008-00016/MMD2008-00026 Land Use File Name: JACKSON BUSINESS CENTER&DURHAM ELEMENTARY SCHOOL PLAN&MAP AMENDMENT I, Gary Pagenstecher,Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s and/or tax lot(s) currently registered) 7 9 z <14 ZU41-a$tM 2 (S W earli 70S-6 c d-i C t j awee and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the day of Fes , 2001 I Signature of Person erformed Posting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard n.c� Subscribed and sworn/affirmed before me on the�— day of , 20 Q . 1 1�z OFFICIAL SEAL } KRISTIE J PEERMAN (J = NOTARY PUBLIC-OREGON ) 1 „ COMMISSION NO.419242 () NOT RY PUBLItr OF OREGON ON �/I MY COMMISSION EXPIRES JULY 28,2011 My Commission Expires: �}c /4/ 2 � f/� NOTICE OF PUBLIC HEARING The following will be considered by the Tigard Planning Commission on Monday March 16, 2009 and by the Tigard City Council on Tuesday April 14, 2009 at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Tie 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. PUBLIC HEARING ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013/ZONE CHANGE (ZON) 2008-00007/ , LOT LINE ADJUSTMENT (MIS) 2008-00016/MINOR MODIFICATION (MMD) 2008-00026 -JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL COMPREHENSIVE PLAN & ZONING MAP AMENDMENT- REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from to School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally; and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will le well-integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements; Comprehensive Plan Goal #1, Citizen Involvement; Goal #2, Land Use Planning; and Goal #9, Economic Development); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. I. # .. . • • ••• • .4; i X:13— • • • .•.• oot'it • t • i' I I a... •''''N't...- , • I ;;;333-3ti• 3:3:::33. : .• .. 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LD ,JAY K TR 7718 SW CYPRESS LN 4632 VERMONT ST TIGARD,OR 97224 P TLA ,OR 97219 2S112CC14500 2S112CD04200 BARKER,BRUCE D&SUSAN L CHARLES, LARRY&MARILYN L 20700 COUGAR HILLS LN 7850 SW BOND ST HILLSBORO,OR 97123 TIGARD,OR 97224 2S112CD13900 2S112CC05900 BEARD,GRETA&PHILIP E CHENEY,MICHELLE A& 7864 ALDER ST SCHOLZ,MARK H TIGARD,OR 97224 15954 SW 81ST CT TIGARD,OR 97224 2S113BA00400 2S112CC05800 BEHRINGER HARVARD WESTERN CHILTON,DAVE S& PORTFOLIO LP SUFFIAN-CHILTON,MICHELLE BY EASLEY MCCALEB&ASSOCIATES I 15932 SW 81ST CT PO BOX 190700 TIGARD,OR 97224 SAN FRANCISCO,CA 94119 • 2S113B000600 • 2S112CD14000 • CLEAN WATER SERVICES DIEC,TOAN P&TRAN M 2550 SW HILLSBORO HWY 7882 SW ALDER ST HILLSBORO,OR 97123 TIGARD,OR 97224 2 113BA0060 2S113AB00800 CL W R SERVICES DUNCAN,JOHN A&JANICE LEE 2550 ILLSBORO HWY 9929 NW UPTON CT BOR , R 97123 PORTLAND,OR 97229 2S112CD05500 2S113B000400 COLLIER,DAVID&TERRY DURHAM I LLC 5116 NE 72ND AVE 8100 SW DURHAM RD VANCOUVER,WA 98661 TIGARD,OR 97224 2S 112C D 12400 2S 113B000500 COOK,ANDREA P DURHAM II LLC 16032 SW 77TH TER 8100 SW DURHAM RD TIGARD,OR 97224 TIGARD,OR 97244 2S112CD10400 112CC164 COOPER,MARK BRANDON& DU CHOOL PARK OWNERS OF PATRICIA ELAINE LO 6 7855 SW ALDER ST 00000 TIGARD,OR 97224 2S112CD10600 S112CC16310 COURT,SUSAN G I, 'HAM ' HOOL PARK OWNERS OF 7817 SW ALDER ST LOT d 0 TIGARD,OR 97224 , X0000 2S112CD04500 2S112CC04800 COUTURE,ROBERT E&TRISH S DUSKIN,GREG A&CAROL A PO BOX 3273 7998 SW BOND ARLINGTON,WA 98223 TIGARD,OR 97224 2S112CD12800 2S112CD12300 COWLEY,DANIEL&ALEXIS FASOLINO,GABRIEL V& 7706 SW CYPRESS LN VANHOUTEN,LUCILLE TIGARD,OR 97224 16018 SW 77TH TER TIGARD,OR 97224 2S112CD11400 2S112CD10900 CRONN,ANNA 2000 LIVING TRUST FAST,DARRYL M& BY ANNA CRONN TR FAST,STEPHANIE A& 7711 SW ALDER ST JOHNSON,CHARLES M JR TIGARD,OR 97224 22691 SW 55TH TUALATIN,OR 97062 2S112CD10700 2S112CD14400 DAVIS,LORI J FEGLES,JOSHUA J& 7797 SW ALDER ST FEGLES,BETHANY J TIGARD,OR 97224 7937 SW CAROL ANN CT TIGARD,OR 97224 2S112CD03800 • 2S112CD10100 • GIRTMAN,LOUIE F/OPAL B TRUST HO ART FA Y BY OPAL B GIRTMAN TR PRO R S LLC 22 GRAVATT DR 4632 ERMONT ST BERKELEY,CA 94705 P TLAN OR 97219 2S112CD05300 2S112CC13900 GOLDBERG,LAURA D HOF •RT Ft v ILY 7151 PINTAIL DR PROP ' S LLC CARLSBAD,CA 92011 4632 ' RMONT ST Ps'TLAND, •R 97219 2S112CC05000 2S112CC15000 HAGAN,ELIZABETH R TRUSTEE HO ART F ILY 8020 SW BOND ST PRO R S LLC TIGARD,OR 97224 4632 VERMONT ST P LAN OR 97219 2 112CD14 80 2S112CC16000 H• IBA CROSSING OWNERS HOFFART F Y ASS• •TION PRO S LLC , %8000 4632 VERMONT ST P TLA OR 97219 112CD14188 2S112CC14000 HA ::C ROSSING OWNERS H• ART F• ILY ASSOC " ON PROP.• IES LLC , 08%00 46 % SW■ RMONT ST RTLAND, •R 97219 112CD14300 2S112CC15100 HA AC OSSING OWNERS H FFART ILY ASS TION PR IES LLC . 0000 463 VERMONT ST RTLA ,OR 97219 2S112CD13800 2S112CD09400 HARANATH,SAI P H FART F ILY 7844 SW ALDER ST PRO R S LLC TIGARD,OR 97224 4632 VERMONT ST P LA ,OR 97219 2S112CD00800 2S112CC14100 HAVERY,JOHN W MADELON H• FART F• ■ILY 15970 SW 76TH AVE PRO' ' S LLC TIGARD,OR 97224 4632 'vv ERMONT ST P••TLAN• OR 97219 2S112CD04700 2 112CC15800 HEIDER,RICHARD R AND HO ART F ILY LAURELEI M PRO IES LLC 7948 SW BOND ST 463 ERMONT ST TIGARD,OR 97224 RTLAN OR 97219 2S112CC14600 2S•12CC1610' HOFFART FAMILY HO •RT F MILY PROPERTIES LLC PROP'' ES LLC 4632 SW VERMONT ST 463 = • RMONT ST PORTLAND,OR 97219 Pr,-TLAND, +R 97219 2S112CC15900 • 2S112CD02300 • HOFFART,HERBERT J HOFFMAN,JUDITH A 4632 SW VERMONT ST 7865 SW BOND ST PORTLAND,OR 97219 TIGARD,OR 97224 2S112CC152 0 2S112CD13600 FAR ERBERT J HOLLAN,ANGELA E 463 VERMONT ST 15486 BRIANNE CT P TLA ,OR 97219 LAKE OSWEGO,OR 97035 2 112CC1 0 2S112CD04900 HO ,HERBERT J HORAN,MARY CHRIS 46 VERMONT ST 7980 SW BOND ST RTLAN OR 97219 TIGARD,OR 97224 2S112CC154'0 2S113BA00100 FAR , ERBERT J JOHNSON FAMILY TRUST,THE 463 VERMONT BY CARL H JOHNSON TR P�-TLA ',OR 97219 8965 SW BURNHAM ST TIGARD,OR 97223 112CC1570+ 2S112CC04900 H• FA- , ERBERT J JOHNSON, BRADLEY A/PAULA C 463 VERMONT ST 8000 SW BOND 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2S112CC14400 MAY,GLADYS M& OLSON,DENNIS M& SIKORSKI,MICHAEL MARILYN J 8090 SW BOND ST 18820 SW TUALATA AVE TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S112CC15500 2S112CC14300 MCCLURE,ELISE OLSON,RONALD D& 4632 SW VERMONT ST LINDA A PORTLAND,OR 97219 3297 SW LAKE GROVE AVE LAKE OSWEGO,OR 97035 2S1 12C D09500 2S 112CD05400 MCGREGOR,SUSAN J ONTHANK,SONJA R 4632 SW VERMONT ST 7947 SW BOND ST PORTLAND,OR 97219 TIGARD,OR 97224 2S113BA00200 2S112CD14700 METZGER VENTURES,LLC OTIS, BRIAN&LORRAINE PO BOX 400 12244 SW AMES LN SHERWOOD,OR 97140 TIGARD,OR 97224 2S112CD13200 2 12CD14 MILLER,ROGER J OTI , N&LORRAINE 7750 SW CYPRESS LN 12 S ES LN TIGARD,OR 97223 T ARD,OR 224 2S112CD14800 2S112CD13300 MIRZAALI,FARHAD PALACIOS,ALEJANDRO 7952 SW CAROL ANN CT 7764 SW CYPRESS LN TIGARD,OR 97224 TIGARD,OR 97224 2S112CC01801 2S112CD11000 MOTLEY,LAUREL PEARSALL,CHARLES A&SHERYL T 8175 SW DURHAM RD 7765 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD02400 2S112CD13700 MUDD,MICHAEL J&WENDY W POAGE,STEPHEN 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SW 81ST CT SCHMIDT,ANGELA CLAYTON TIGARD,OR 97224 8110 SW BOND ST TIGARD,OR 97224 2S112CD00900 2S112CD12500 RIVAS,ROSE LIFE ESTATE& SINGER,DENA ' RIVAS IRREVOCABLE TRUST 16050 SW 77TH TER 16060 SW 76TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S112CD10300 2S112CD02500 ROBINSON,JOHN C SJORDAL,SUSAN J 7871 SW ALDER ST 7785 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD10500 2S112CD04600 ROCKER,ANDREW D&MARYJANE SMITH,JOHN WILLIAM 7833 SW ALDER ST 7932 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CD02200 • 2S112CD14500 • SNIDER,JASON B&JODI J TITTERINGTON,PETER K&ROSE 15588 SW 76TH AVE 7925 SW CAROL ANN CT TIGARD,OR 97224 TIGARD,OR 97224 2S112CC14900 2S112CD13100 SOTELO,JORGE A& VANDERHEIDEN,JOHN P&MARITA A VERONICA L 2167 NW TWILIGHT DR 16029 SW 80TH PL BEND,OR 97701 TIGARD,OR 97224 2S112CD12100 2S112CD03500 STEVENSON,SARA R WAGNER,ERNST J 15996 SW 77TH TER 7680 SW BOND TIGARD,OR 97224 TIGARD,OR 97224 2S112CD11700 2S112CD02100 STRUCK,MICHAEL&DENA WALLIS,MICHAEL E& 7683 SW ALDER ST WALLIS,ROBIN R TIGARD,OR 97224 7895 SW BOND ST TIGARD,OR 97224 2S112CD03700 2S112CD04000 TAUTFEST,DONALD D WALLS,CHARLOTTE 7720 SW BOND ST 7780 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 112CD14900 2S112CD11900 TI RD, OF WHEELER,DOTTIE FIELDS 131 HALL BLVD 15976 SW 77TH TER ARD, R 97223 TIGARD,OR 97224 2 112CD102 2S112CD03400 TI RD Y OF WHITE,KENDALL C& 131 W HALL BLVD BARRETO,CECILIE M T AR ,OR 97223 7660 SW BOND ST TIGARD,OR 97224 2S113BA00401 2S112CD04300 TIGARD-TUALATIN SCHOOL WINSTON,MARK&ZSUZSANNA DISTRICT#23J 17576 LAKE HAVEN DR 6960 SW SANDBURG ST LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S113B0003s1 2S112CD03300 •RD-T •LATIN SCHOOL ZELL,TROY A&MAEGAN M DIS ' - #23J 15895 SW 76TH AVE 69•• S SANDBURG ST TIGARD,OR 97224 "GARD, •- 97223 2 13BA00 0 2S112CD11200 TIG D- ALATIN SCHOOL ZIEGLER,THEODORE A&MARY L LIV DIST T#23J BY THEODORE A&MARY L ZIEGLER TRS 69 SW ANDBURG ST 7737 SW ALDER ST ARD,0 97223 TIGARD,OR 97224 • Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136th Place 10236 SW Stuart Court Tigard, OR 97224 Tigard;OR 97223 Todd Harding and Blake Hering Jr. Paul Owen Norris Beggs& Simpson 10335 SW Highland Drive Tigard, OR 97224 121 SW Morrison, Suite 200 Portland, OR 97204 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES lov. I of n li:\curoln\setup\labels\CIT South.docl UPDATED: 16-Dec-08, 03/05/2002 12:57 5034192600 WRG DESIGN INC PAGE 01/01 • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 PHONE: 503-639.4171 FAX 503-6243681 (Attn: Patty/Planning) EMAIL: 2g,tty+La)tigard-or.gov REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT'WP&TAX LOSERS (i.e. 1S1.34AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: . (If more than 1 tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) —1 ' S b 4 1 o_c) s W 'lam J l rtu. R.at . k /;- L- '2r0 - PLEASE BE :WARE THAT ONL _ _ T •F LABELS _ L BE PROVIDES AT THIS_TIME FOR HO.Lj)ING YOUR NEIGUBORHOOD MEETJ After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will, be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAYE_,BEEN NOTIFIED BY PLANNING TO O.JTAIN YOUR LAKE , J ESA. E INDICT BELOW THAT Y_ EED 2 SE F LABELS. Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERS ON:Iniccif,Anzid PHONE: ( )- i q - z c NAME OF COMPANY: FAX (g)-5 )- `-t(1 - Z.(L2..O EMAIL: t,ke(R .St morwt,-}c.& C Wt2C 1�a cr1.(,C This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day mmtmum for processing,requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no comport)) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE; FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. pst Description: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost ti print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - .sheets of labels x$2/s.heet. =S$.00 x 2 secs $1 6.0 0 s h c e t(s)of labels x$2/sheet—$ x scm — - 1 sheets of labels x S2/sheet for interested patties x 2 sr..ts= $ 4.00 sheet(s)of labels x$2/sheet for interested parties $ sets _GE a:_ TOTAL — 151.00 TOT.' .—$ '_ 6vAlv III 4 = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS =N/A FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00013 ZONE CHANGE (ZON) 2008-00007 LOT LINE ADJUSTMENT (MIS) 2008-00016 MINOR MODIFICATION (MMD) 2008-00026 FILE TITLE: JACKSON BUSINESS CENTER & DURHAM ELEMENTARY SCHOOL PLAN & MAP AMENDMENT APPLICANT/ Rob Saxton OWNER: David Metzger OWNER: Tigard-Tualatin School District 23J Metzger Ventures,LLC 6960 SW Sandburg Street P.O Box 400 Tigard, OR 97223 Sherwood, OR 97140 APPLICANT'S WRG Design REP: 5415 SW Westgate Drive, Suite 100 Portland, OR 97221 REQUEST: The applicant is requesting a Comprehensive Plan and Zoning Map Amendment, Lot Line Adjustment, and a Minor Modification to the existing Jackson Business Center site to accommodate the loss of parking to the Business Center when the School District condemned a portion of the site for a new access to Durham Elementary. The applicant proposes adjusting the common lot line to transfer 3,153 square feet from the School District to the Business Center and changing the Medium Density Residential (R-12) zone to Industrial Park (I-P). The area will be developed with 10 parking spaces for the Jackson Business Center. LOCATION: The property is located at 7800 and 7950 SW Durham Road. The site is bounded by SW Durham Road on the north and Fanno Creek on the south; Washington County Tax Assessor's Map 2S113BA, Tax Lots 200 and 401, respectively. ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally; and I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers, in a campus- like setting. Only those light industrial uses with no off-site impacts, e.g., noise,glare, odor,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential to Industrial Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off- Street Parking and Loading Requirements; Comprehensive Plan Goal #1, Citizen Involvement; Goal #2, Land Use Planning; and Goal #9, Economic Development); and any applicable Statewide Planning Goals and Guidelines, and any Federal,State,or Metro statues or regulations. COMMENTS SENT: JANUARY 29,2009 DUE: FEBRUARY 12.2009 DATE DLCD NOTICE WAS SENT: JANUARY 29,2009 (47 days prior to first evidentiary hearing) --'( DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III [E] TYPE IV PLANNING COMMISSION (MON.) DA'Z'E OF HEARING: MARCH 16,2009 TIME: 7:00 PM CITY COUNCIL ES.)DATE OF HEARING: APRIL 14,2009 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION JPROPOSED ORDINANCE/AMENDMENTS /1 STAFF REPORT EJ DLCD NOTICE VICINITY MAP // STI E PLAN STAFF CONTACT: Gary Pagenstecher,Associate Planner (503) 718-2434 • City of Tigard, Oregon 13125 SW Hall Blvd. ® Tigard`JR 97223 • s TIAD - 'St4+Yl9f January 22, 2009 Rob Saxton Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard, OR 97223 RE: Completeness Review for Jackson Business Center & Durham Elementary Comprehensive Plan Amendment, Zone Change, Lot Line Adjustment, and Minor Modification (CPA2008-00013, ZON2008-00007, MIS2008-00016, MMD2008-00026) Dear Mr. Saxton: The City received you're revised application and submittal materials on January 8th and 16th for the applications listed above for the proposed development located at 7950 and 7800 SW Durham Road (WM2S113BA Tax Lots 200 and 401). Your application can now be deemed complete. Staff has set dates for hearings at the Planning Commission on March 16, 2009 and at the City Council on April 14, 2009. Should you have any questions,please contact me at 503-718-2434. Sincerely, C2L /; Gary Pagenstecher Associate Planner c: Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 1 • • W f2 D E S I G N I N C. RECEVED JAN 0 0 2009 • • CITY OF TIGARD • TRANSMITTAL PLAlNlt: !~ ;NFE O'G 3 To: Gary Pagenstecher Date: January 8, 2009 • • • City of Tigard Project: Jackson Business Center\ • • 13125 SW Hall Boulevard Durham Elementary Pkg Tigard, OR 97223 WRG#: TSD6701 �® From: Michele Simantel ato, • ODDS ! DEVELOPMENT SERVICES Transmitting: Via: For Your: © Attached O Mail 0 Review& Comment O Separate Cover Cl Messenger O As Requested • • • • O Number of Pages Including Cover El Hand Delivery O Information/File/Use LAND Copies Description PLANNING - - --Comprehensive Plan Amendment, Zone Change, Property Line • • • 24 Adjustment and Mi nor Modification Land Use Application ,.F 3 Full Size Preliminary Plans • CIVIL 1 8 %2 x11 Site Plan ENGINEERING CD—Electronic Copy of Comprehensive Plan Amendment, Zone • • • 1 Change, Property Line Adjustment and Mi nor Modification Application '6111 1 2 Pre-Addressed Stamped Envelopes of Property Owners within 500' LANDSCAPE ARCHITECTURE • b M ' COMMENTS: i LAND Please accept the attached documentation as requested per your letter dated 12/22/08. SURVEY Do not hesitate to contact me if you have any questions or need anything further. Thank you Signed: t, /% A. , • 5415 SW Westgate Or. — • Suite 100 Portland,OR • 97221 File: TSD6701.DD3 PH 503/419-2500 FX 503/419-2600 www.wrgd.com J:\data\TSD6701\Land Use■Apps-Narr\CP amend,zone change,SD Mod\6701-CD-Trans-City-CompletenessSubmitta12009-01-08.doc City of Tigard, Oregon .? 13125 SW Hall Blvd. • Ti g arc!OR 97223 •V • December 22, 2008 ' • TI CARD Rob Saxton Tigard-Tualatin. School District 23j 6960 SW Sandburg Street Tigard, OR 97223 RE: Completeness Review for Jackson Business Center & Durham Elementary Comprehensive Plan Amendment, Zone Change, Lot Line Adjustment, and Minor Modification (CPA2008-00013, ZON2008-00007, MIS2008-00016, MMD2008-00026) Dear Mr. Saxton: The City received your application submittal November 24, 2008 for the applicatiofls listed above located at 7950 and 7800 SW Durham Road (WM2S113BA Tax Lots 200 and 401). The basic submittal elements were included in your application packet,which is substantively • complete. For your application to be deemed.complete,please submit the following items: 1. application Copies: Please provide 24 (full set) copies of your application materials (plan. sets may be printed at 8 1/2 x 11 or 11 x 17 size as long as you include 3 copies of large set plans) and one (1) additional copy of your reduced plan sets at 8 1/a x 11 inches for our records.Also include a CD copy of your complete application submittal. 2. Envelopes: In addition, you will need to provide two set of pte-addressed (no return address), stamped (not metered), #10 size envelopes. .Addresses of property owners located within 500 feet must be obtained from the City of Tigard within three months from the date of application completeness. [Contact Patty Lunsford at 503-718-2438] On receipt of these materials, staff will set dates for hearings at the Planning Commission and at the City Council. Should you have any questions,please contact me at 503-718-2434. Sincerely, • C Gary Pagenstecher • Associate Planner, c: Land Use File Phone: 503,639.4171 • Fax: 503.684.7297 . . www.tigard-or.gov • TTY Relay: 503.684.2772 City of Tigard, Oregon S 13125 SW Hall Blvd. ® TigardiR 97223 • • e • December 22, 2008 `{ MIGAilt Rob Saxton Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard, OR 97223 RE: Completeness Review for Jackson Business Center & Durham Elementary Comprehensive Plan Amendment, Zone Change, Lot Line Adjustment, and Minor Modification (CPA2008-00013, ZON2008-00007, MIS2008-00016, MMD2008-00026) Dear Mr. Saxton: The City received your application submittal November 24, 2008 for the applications listed above located at 7950 and 7800 SW Durham Road (WM2S113BA Tax Lots 200 and 401). The basic submittal elements were included in your application packet,which is substantively complete. For your application to be deemed complete,please submit the following items: 1/1. Application Copies: . Please provide 24 (full set) copies of your application materials (plan sets may be printed at 8 1/2 x 11 or 11 x 17 size as long as you include 3 copies of large set plans) and one (1) additional copy of your reduced plan sets at 8 1/2 x 11 inches for our records. Also include a CD copy of your complete application submittal. /. Envelopes: In addition, you will need to provide two sets of pre-addressed (no return address), stamped (not metered), #10 size envelopes. Addresses of property owners located within 500 feet must be obtained from the City of Tigard within three months from the date of application completeness. [Contact Patty Lunsford at 503-718-2438] On receipt of these materials, staff will set dates for hearings at the Planning Commission and at the City Council. Should you have any questions, please contact me at 503-718-2434. Sincerely, '7Ci>ty, p, 7,,, Gary Pagenstecher Associate Planner c: Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 LAND USE APPLIC ION Project: ; i aisihars C COMPLETENESS REVIEW Il COMPLETE 'INCOMPLETE • ST DARD INFORMATION: Deed/Title/Proof of Ownership Neighborhood Mtg.Affidavits, Minutes, List of Attendees m act Stud 18.39 IQ-- USA Service Provider Letter /YltE:1- Construction Cost Estimate _ e oyes with Postage(Verify Count) 21i #Sets Of Application Materials/Plans-"Paper Copies" Pre-Application Conference Notes #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: Me- Building Footprint Size %of Landscaping On Site eEr-%of Building Impervious Surface On Site g Lot Square Footage PLANS DIMENSIONED:A/4- ❑ Building Footprint „„2 Parking Space Dimensions(Include Accessible&Bike Parking)El Truck Loading Space Where Applicable ❑ Building Height ..„1-2-"‘ Access Approach and Aisle ❑ Visual Clearance Triangle Shown PLANS: Vicinity Map El Architectural Plan Tree Inventory -021TIONAL Sxisting Conditions Plan ❑ Landscape Plan ite Plan ❑ Lighting Plan . TREE PLAN I MITIGATION PLAN: ❑ ❑ ADDITIONAL REPORTS: (list any special reports) CI CI El CI o RESPONSE TO APPLICABLE CODE SECTIONS: El 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) El 18.775(Sensitive Lands Review) El 18.340(Director's Interpretation) Z. 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) El 18.710(Accessory Residential Units) El 18.785(Temporary Use Permits) 18.360(Site Development Review) El 18.715-(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) El 18.795(Visual Clearance Areas) 2. 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) El 18.798(Wireless Communication Facilities) F' 18.390(Decision Making Procedures/ a t t El 18.730(Exceptions To Development Standards) .' 18.810(Street&Utility Improvement Standards) 1,2" 18.410(Lot Line Adjustments) 18.740(Historic Overlay) ❑ 18.420(Land Partitions) El 18.742(Home Occupation Permits) El 18.430(Subdivisions) /in 18.745(Landscaping&Screening Standards) ,ems 18.510(Residential Zoning Districts) Cl 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) El 18.755(Mixed Solid Waste/Recycling Storage) 0"--18.530(Industrial Zoning Districts) • ❑ 18.760(Nonconforming Situations) El 18.620(Tigard Triangle Design Standards) 021. 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: • • I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 • • W Ern G RECEVED D E S I G N I N C. NOV ^ 4 2008 i CITY OET"GARD TRANSMITTAL PLANNI a/E VEERING To: City of Tigard Date: November 24, 2008 Project: Jackson Business Center and Durham Elementary Parking Replacement 1 4 From: Michele Simantel, WRG Design WRG#: TSD6701 l ar DEVELOPMENT SERVICES i Transmitting: . Via: For Your: ,$$.'' E Attached El Mail O Review& Comment r NY4 O Separate Cover O Messenger 71 As Requested LAND 0 Number of Pages Including Cover O Fed-Ex 71 Information/File PLANNING Copies Description 7;4q ; Jackson Business Center and Durham Elementary Parking Replacement _. application—Comprehensive Plan Amendment, Zone Change, Property CIVIL 3 Line Adjustment and Mi nor Modification ENGINEERING tft;v:: t LANDSCAPE ARCHITECTURE (r (7[ ..s.. s ig,I COMMENTS: ' LAND SURVEY • 5415 SW Westgate fir. Suite 100 - Portland.OP. Signed: Michele Simantel, WRG Design 97221 PH 503/419-2500 EX 503/419-2600 Www.wrgd.con) • • RECE /ED JAN 0 0 2009 CITv 17'2_1;j-10 nl JACKSON BUSINESS CETEIr i DURHAM ELEMENTARY 1 1 Tigard, Oregon A Land Use Application for: ' • Comprehensive Plan Amendment • Zone Change • Property Line Adjustment 1 • Minor Modification to Site Development Review Submitted: November 2008 i 1 Applicant: Tigard—Tualatin School District 23J 1 6960 SW Sandburg Road Tigard, OR 97223 Prepared by: WRG Design ' 5415 SW Westgate Drive, Suite 100 Portland, Oregon 97221 • 503-419-2500 1 503-419-2600 • TSD6701 1 1 • I • • TABLE OF CONTENTS PROJECT TEAM 3 ISUMMARY 4 PROPOSED IMPROVEMENTS 4 ISITE INFORMATION 5 COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE 6 I STATEWIDE PLANNING GOALS 6 Goal 1: Citizen Involvement 6 Goal 2: Land Use Planning 7 Goal 3: Agricultural Lands 7 '. Goal 4: Forest Lands 7 Goal 5: Open Spaces, Scenic and Historic Areas and Natural Resources 7 Goal 6: Air, Water and Land Resources Quality 8 I Goal 7: Areas Subject to Natural Disasters and Hazards 8 Goal 8: Recreation Needs 8 Goal 9: Economy of the State 8 I Goal10: Housing 8 Goal 11: Public Facilities and Services 9 Goa112: Transportation 9 Goal13: Energy 9 I Goal 14: Urbanization 9 Goal 15: Willamette Greenway 9 Goal 16: Estuarine Resources 9 CITY OF TIGARD COMPREHENSIVE PLAN 10 I GOAL 1 CITIZEN INVOLVEMENT 10 • GOAL 2 LAND USE PLANNING 1 1 GOAL 5 NATURAL RESOURCES,AREAS,AND OPEN SPACES 16 I GOAL 9 ECONOMIC DEVELOPMENT 16 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE 17 18.380.030 QUASI-JUDICIAL AMENDMENTS AND PROCEDURES TO THIS TITLE AND MAP 17 18.390.060 TYPE IV PROCEDURE • 18 ILOT LINE ADJUSTMENT 20 18.420 LOT LINE ADJUSTMENTS 20 Request �� I 20 18.410.020 Approval Process 21 18.410.030 Application Submission Requirements 21 18.410.040 Approval Criteria • 22 I 18.410.050 Recording Lot Line Adjustments 23 18.510 RESIDENTIAL ZONING DISTRICTS 24 18.510.050 Development Standards 24 I 18.530 INDUSTRIAL ZONING DISTRICTS 25 18.530.040 Development Standards 25 MINOR MODIFICATION TO SITE DEVELOPMENT REVIEW 26 18.360 SITE DEVELOPMENT REVIEW 26 18.360.060 Minor Modification(s)to Approved Plans or Existing Development 26 18.360.050 Major Modification(s)to Approved Plans or Existing Development 26 I 18.705 ACCESS,EGRESS AND CIRCULATION 29 18.705.030 General Provisions 29 18.740 HISTORIC OVERLAY 31 18.740.020 Applicability of Provisions 31 Tigard—Tualatin School District 23J 1 WRG Design, Inc. . I PDXDOCS:1782543.1 City of Tigard November 2008 • • 18.745 LANDSCAPING AND SCREENING 31 111 18.745.030 General Provisions. 31 18.745.040 Street Trees 33 18.745.050 Buffering and Screening 33 18.745.060 Re-vegetation 38 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 38 18.765.030 General Provisions 38 18.765.040 General Design Standards 40 18.765.050 Bicycle Parking.Design Standards 43 18.765.070 Minimum and Maximum Off-Street Parking Requirements 43 . 18.765.080 Off-Street Loading Requirements 45 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 46 18.810.100 Storm Drainage 46 CONCLUSION 47 ' EXHIBITS A. Plan Set B. Application Form C. Property Deed ' D. Impact Study E. Neighborhood Meeting Documentation , F. Pre-Application Conference Notes G. Site Photos H. Clean Water Services Sensitive Area Pre-Screen I. Arborist Report J. Stormwater report ' K. Decision for Casefile SDR 2000-00016 L. Decision for Casefile CUP 2007-00004 • • 1 i Tigard—Tualatin School District 23J 2 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • PROJECT TEAM ' Applicant, _ Tigard—Tualatin School District 23J 6960 SW Sandburg Road ' Tigard,OR 97223 Owner Tigard—Tualatin School District 23J 6960 SW Sandburg Road ' Tigard, OR 97223 Metzger Ventures, LLC ' P.O. Box 40 Sherwood,OR 97140 Planning,Civil Engineering, Landscape Architecture WRG Design,Inc. • 5415 SW Westgate Dr, Suite 100 Portland,OR 97221 (503)419-2500(ph) (503)419-2600(fax) Contact: Michele Simantel Legal Counsel Kelly Hossaini ' Miller Nash, LLP 3400 U.S.Bancorp Tower 111 S.W.Fifth Avenue Portland,OR 97204 • 1 I Tigard—Tualatin School District 23J 3 WRG Design,Inc. City of Tigard PDXDOCS:1782543.1 2008 • SUMMARY This application requests approval of applications for a Comprehensive Plan Amendment, Zone Change, ' Lot Line Adjustment and Minor Modification to a Site Development Review Approval. The applications are requested in order to provide an additional ten (10) parking spaces on the Jackson Business Center property. ' An application was approved by the City of Tigard in March of 2008 to relocate the access drive for Durham Elementary School from SW Shaffer Lane to SW Durham Road at SW 79th Ave.. (Casefile CUP 2007 4)0004) This plan routed the entrance drive into the Elementary School through the Jackson Business Center property, owned by Metzger Ventures, LLC. The placement of this access drive eliminated eleven (11) parking spaces on the Metzger property. As a part of the condemnation settlement for the new access way, the School District agreed to reconstruct ten (10) of the parking spaces that were to be removed. Following is a summary of the requested land use applications: 1 Comprehensive Plan Amendment and Zone Change: This application seeks to change the comprehensive plan designation and zone on 3,153 square feet of property from Residential (R-12) to Industrial Park (IP). This will allow the 3,153 square foot area to be transferred via the requested lot line adjustment from the Durham Elementary School property to the Metzger property to be used as replacement parking for the business park. ' Lot Line Adjustment: The requested lot line adjustment between the Residential (R-12) zoned Durham Elementary School property and the Industrial Park (IP) zoned Metzger property seeks to transfer 3,153 square feet from the Durham Elementary School property to the Metzger property. This will allow for the construction of ten (10) replacement parking spaces and associated landscaping and buffering on the Metzger property. Minor Modification to a Site Development Review: This application seeks to modify the plan approved for the Jackson Business Center addition (City Casefile SDR2000-00016) through the addition of the ten (10) replacement parking spaces. ,• PROPOSED IMPROVEMENTS ' The purpose of the proposed applications is to allow for the replacement of ten (10) of the eleven (11) parking spaces that were removed due to the relocation of the access drive to Durham Elementary School. The applicant is proposing to construct these ten (10) parking spaces between the existing Giant Sequoia trees along the.western boundary of the Jackson Business Center property. An arborist report is provided with the application materials to provide details about the trees and guidance on construction techniques required for the construction of the parking spaces adjacent to the trees. The proposed parking spaces will take access off of the existing 24-foot access drive located along the western side of the building. There is currently a buffer built to the D-2 buffer standard along the western property line of the Jackson Business Center. Prior approval (Casefile SDR2000-00016) required the development of a minimum , Type C buffer in this location, therefore the existing D-2 buffer exceeds that standard. The applications propose to move the existing raised landscape island and associated landscaping 20-feet to the west to the new property line. The existing raised landscape islands will be spread out to create a solid berm. The existing landscaping will also be relocated to the property line. If the plants cannot be relocated, new plants will be used. The D-2 buffer, then, will be retained under the new parking configuration. Tigard—Tualatin School District 23J 4 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 I 0 I Ideveittpment of ihe parking sipacos. will eri.h.ite apprronmattny Li 4(.1 ,:i.Thare teet 4.'31 i-jcw impc.r...ic.u... areiL . . I R I)n n if fro m the nel,.... proposed Rh:pervious area will be etanutp,Peh to ine water quallty tecddy on The School DistrteEs property :Ia. treatment. hills tadility was desuBied and 1:Balt to provide treat:mom Sor rumilT from the E..)urharr. Idementary„Schot.B properly, as,ufel1 as the vveS%'.:1. Bnedhird or.t.he Ilefz;.:er I property_ as required by (*.Beide 200,-00004. 1 his tarinp. v...ts designea .,....th excess capacity. An update to the st..rm .vater re-port. prepared for this. frteihiy .n. included with this application demonstrating :hat the Neil ay has. .N.c..esa...apaeity P., handle The aaditiPten impervious an..,:a. I SiTI. IN Il./RMATION I .. . GENERAL INFORMATION LOCATION I 7950 SW Durham R.o.....1 (Durham Elementary ProoerB) ..••...••• I i 7F;00 SAV DUrhain RI -1(1•(N." — :- •i -- .-----' I 2S1 SBA 11. 401 (Durnarn Idernentativ Ercgperty,i 2S 1 1 IIIA IL 24)1)t Metzger Pmperty 1 .. .... ..••...••• .... il k . 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I . , . . ,;;.;:., . ;; :. ... „:::..,:I• • ••..• .•• . . -. :... .... I.-- i, ... '-'•' • - ... ...;„ ••::••- •r.•......,•... . . .. ; ; ; ; , :..„..,.;...:.....;.. •:...• :•-....... . I•.:„..••..I.::.„...: I • • • opportunity to offer comments on the plan and to be involved in the project prior to submittal to the City. After submittal of the application to the city, surrounding property owners will receive written notice of the application and will have another opportunity to submit comments to the City as well as an opportunity to provide testimony at the required public hearings. This process meets the requirements for citizen involvement in the land use planning process. GOAL 2: LAND USE PLANNING To establish a land use planning process and policy framework as a basis for all decision and ' actions related to use of land and to assure an adequate factual base for such decisions and actions Response: The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals, policies and procedures for reviewing and evaluating land use requests. This Comprehensive Plan amendment and Zone Change will be reviewed through the city's Type IV review process and will be reviewed in relation to the methodology and intent of the Plan, its applicable goals and policies, the Comprehensive Plan and Zone Amendment criteria and any other applicable State statute or administrative rule. ' GOAL 3: AGRICULTURAL LANDS To preserve and maintain agricultural lands. ' Response: The subject property is located within the Urban Growth Boundary and the City of Tigard City Limits. The proposed Comprehensive Plan amendment and Zone Change only effects land currently anticipated to be used for urban uses. Therefore, this amendment will not have an effect on any Goal 3 1 agricultural lands; therefore this goal is not applicable. GOAL 4: FOREST LANDS To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Response: The subject property is located within the Urban Growth Boundary and the City of Tigard ' City Limits. The proposed Comprehensive Plan amendment and Zone Change only effects land currently anticipated to be used for urban uses. Therefore, this amendment will not have an effect on any Goal 4 forest lands; therefore this goal is not applicable. GOAL 5: OPEN SPACES,SCENIC AND HISTORIC AREAS AND NATURAL RESOURCES To protect natural resources and conserve scenic and historic areas and open spaces. Response: The property subject to this Comprehensive Plan Amendment and Zone Change is ' currently zoned Residential R-12 with a historic district overlay. This overlay was placed on the site to recognize the historic Durham Elementary School building which is located at 8040 SW Durham Road, west of the area subject to the proposed Comprehensive Plan Amendment and Zone Change. This building was constructed in 1920 and is significant due to its association with early Oregon pioneer and ' businessman Albert Durham. The proposed Comprehensive Plan Amendment and Zone Change is located approximately 350 feet from the historic building and the minimal nature of the change will have I • Tigard—Tualatin School District 23J 7 WRG Design,Inc. t City g of Tigard PDXDOCS:1782543.1 November 2008 • 1 no effect on the historic elementary school building. There are no Goal 5 designated open spaces or natural areas located on the subject property. ° 1 GOAL 6: AIR,WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air,water and land resources of the state. 1 Response: The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals, policies and procedures preserving the quality of the air, water and land resources within the City. The proposed amendment is a de minimis change in the Comprehensive Plan designation and Zone on 3,153 square feet of property and will have no effect on the air, water or land resources of the City. GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect people and property from natural hazards. , • Response: The Tigard Comprehensive Plan is acknowledged by the State to be in compliance with the Statewide Planning Goals and provides goals, policies and procedures as it relates to protection from natural disasters and hazards such as floods and landslides. A review of City mapping shows that there are no designated hazard areas on the subject property. GOAL 8: RECREATION NEEDS , To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. 111 Response: The City of Tigard has over 300 acres of parks, greenways and natural areas, providing a variety of options for recreation, while protecting the area's natural beauty and providing valuable wildlife habitat. This de minimis Comprehensive Plan amendment and Zone Change proposal will not alter the provision of park spaces or the need for park spaces within the City. • GOAL 9: ECONOMY OF THE STATE , To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. Response: The proposed Comprehensive Plan amendment and Zone Change will allow for the replacement of ten (10) parking spaces for the Jackson Business Center. These parking spaces will help ensure the continued functioning of the business center as a viable industrial park use, as they are requested in order to replace ten (10) of the eleven (11) parking spaces that were removed due to the relocation of the Durham Elementary School entrance. The de minimis nature of the propose change will not affect the City's overall inventory of commercial and industrial lands, but will help with the business operations of the Jackson Business Center. GOAL 10: HOUSING To provide for the housing needs of the citizens of the state. Response: The proposed Comprehensive Plan Amendment and Zone Change seeks to change the designation of 3,153 square feet of property from Residential (R-12) to Industrial Park (IP). The change will not affect the City's provision of land for necessary housing due to the fact the residentially zoned 1 Tigard—Tualatin School District 23J 8 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • property is used for an elementary school campus. Additionally, the de minimis nature of the change will not affect the overall provision of residentially zoned property within the City. GOAL 11: PUBLIC FACILITIES AND SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to ' serve as a framework for urban and rural development. Response: The City maintains an infrastructure of public facilities and services to support urban development. The Tigard Comprehensive Plan addresses the provision of Water, Wastewater, Stormwater, and Community Facilities. The de minimis nature of the proposed change will not affect the provision of or need for public facilities within the City. GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. ' Response: The City's Transportation System Plan has been adopted and found to be in compliance with this goal. The de minimis nature of the proposed Comprehensive Plan Amendment and Zone Change will not affect compliance with this goal. GOAL 13: ENERGY To conserve energy. Response: The City has adopted Comprehensive Plan Goals, Policies and Implementation Measures to ensure compliance with this statewide planning goal. This de minimis change to the Comprehensive ' Plan designation and Zone on 3,153 square feet of property will not affect the City's compliance with this goal. ' GOAL 14: URBANIZATION To provide for an orderly and efficient transition from rural to urban land use, to accommodate . urban population and urban employment inside urban growth boundaries,to ensure efficient use of land,and to provide for livable communities. Response: The site is located within the City of Tigard UGB. The proposed Comprehensive Plan ' amendment and Zone Change will not affect the size or location of the UGB. The de minimis change proposed to the Comprehensive Plan and Zone will not affect the City's compliance with this Goal. ' GOAL 15: WILLAMETTE GREENWAY To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Response: The subject site is not located within the Willamette River Greenway; therefore this goal is not applicable. ' GOAL 16: ESTUARINE RESOURCES ' To recognize and protect the unique environmental, economic, and social values of each estuary and associated wetlands; and to protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon's estuaries. Tigard—Tualatin School District 23J 9 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • • Response: The subject site does not include any estuarine resources; therefore this goal is not ' applicable. CITY OF TIGARD COMPREHENSIVE PLAN GOAL 1 CITIZEN INVOLVEMENT ' Goal: 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. Response: A neighborhood meeting was held regarding this application on November 12, 2008. There were no neighbors in attendance at this meeting. This meeting was held in accordance with the policies and procedures set forth by the City. Attendees were invited via a mailed notice which was sent out to property owners within 500 feet of the subject property. This meeting gave interested neighbors an opportunity to offer comments on the plan and to be involved in the project prior to submittal to the City. After.:submittal of the application to the city, surrounding property owners will receive written notice of the application and will have another opportunity to submit comments to the City as well as an opportunity to provide testimony at the required public hearings. This process meets the requirements for citizen involvement in the land use planning process. Policies: 1. The City shall maintain a Committee for Citizen Involvement representative of a broad cross-section of the Community to: 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. 3. The City shall establish special citizen advisory boards and committees to provide input to the City Council, Planning Commission, and City staff. 4. The City shall provide staff and financial support to the Committee for Citizen Involvement and any other appointed board or committee. 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Response: The proposal set forth by the applicant to amend the Comprehensive Plan designation and zoning on 3,153 square feet of property does not alter the City's initiatives to maintain and involve a Committee for Citizen Involvement. The proposed application has followed the City's prescribed process for citizen involvement. Goal: ' 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and , B. information on issues in an understandable form. Response: The neighborhood meeting held on November 12th gave citizens an opportunity to hear about the proposal and ask questions of the applicant. The City will send a notice to these same 1 Tigard—Tualatin School District 23J 10 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 I • • Ineighbors who were invited to the neighborhood meeting. This notice will provide the citizens an opportunity to comment directly to the city regarding their comments on the application. IPolicies: 1. The City shall ensure pertinent information is readily accessible to the community and Ipresented in such a manner that even technical information is easy to understand. 2. The City shall utilize such communication methods as mailings, posters, newsletters, the I internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. 3. The City shall work to maximize citizen involvement through education and Iaccessibility. 4. The City shall ensure citizens receive a timely response from policymakers regarding recommendations made through the citizen involvement program. I5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored 1 boards and committees. 6. The City shall provide opportunities for citizens to communicate to Council, boards and commissions, and staff regarding issues that concern them. I Response: This proposal does not alter the City's efforts to provide clear and accessible information to the citizens. This application has followed the City's established citizen involvement program including holding a neighborhood meeting, posting the site, and will be followed by mailed notice to the I neighbors. The citizen involvement tools utilized with this application help to ensure clear communication with the neighbors and interested parties. GOAL 2 LAND USE PLANNING Goal: I 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. I Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). This is a de minimis change and will not have an effect on the City's Comprehensive Plan as a whole, it's Iimplementing regulations or action plans. . Policies: 1 1. The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. I 2. The City's land use regulations, related plans, and implementing actions shall be - consistent with and implement its Comprehensive Plan. 1 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. 4. The City's land use program shall promote the efficient use of land through the creation Iof incentives and redevelopment programs. Tigard—Tualatin School District 23J 11 WRG Design,Inc. I City of Tigard PDXDOCS:1782543.1 November 2008 • • 5. The City shall promote intense urban level development in Metro-designated Centers ' and Corridors, and employment and industrial areas. 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). This is a de minimis change that does not alter the plan's compliance with state or regional requirements. i 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where natural resource protections or special planning and 1 regulatory tools are warranted; and F. Public services. Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). Overall,the zone change request is a de minimis revision to the zoning map and will not alter the zoning or land uses in the area in any significant way. The purpose of the zone change is simply to re-establish the parking that was present on the IP property prior to construction of the new school access. i 8. The City shall require appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to, or concurrently with, development occupancy. Response: The proposed Comprehensive Plan amendment and Zone Change is requested so that ten (10) replacement parking spaces can be constructed for the Jackson Business Center. A Minor Modification application is submitted concurrently for development of these parking spaces. Public facilities have been constructed providing access to the proposed parking spaces. Runoff from the new proposed impervious area will be conveyed to the water quality facility on the School District's property for treatment. This facility was designed and built to provide treatment for runoff from the Durham Elementary School property, as well as the western one-third of the Metzger property, as required by Casefile 2007-00004 . This facility was designed with excess capacity. An update to the storm water report prepared for this facility is included with this application in Exhibit J demonstrating that the facility has excess capacity to handle the additional impervious area. 9. The Ci ty may, upon determining it is in the public interest, enter into development agreements to phase the provision of required public facilities and services and/or payment of impact fees and/or other arrangements that assure the integrity of the infrastructure system and public safety. 1 Tigard—Tualatin School District 23J 12 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • • S ' Response: There is no public infrastructure necessary to serve the 3,153 square foot area subject to the proposed Comprehensive Plan amendment and Zone Change. The subject area will be used for development of 10 replacement parking spaces for the Jackson Business Center. A development agreement will not be necessary. ' 10. The City shall institute fees and charges to ensure development pays for development related services and assumes the appropriate costs for impacts on the transportation and other public facility systems. Response: The applicant will pay all related fees as established by the City's fee schedule. • 14. Applicants shall bear the burden of proof to demonstrate that land use applications are ' consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan and,when necessary,those of the state and other agencies. ' Response: This narrative document provides findings demonstrating compliance with the applicable provisions of the City of Tigard Development Code, Comprehensive Plan and the State of Oregon Land Use Goals. - I 15. In addition to other Comprehensive Plan goals and policies deemed applicable, ' amendments to Tigard's. Comprehensive Plan/Zone Map shall be subject to the following specific criteria: • A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). The purpose of the zone change is to allow for the replacement of ten (10) parking spaces on the Jackson Business Center property. Overall, the zone change request is a de minimis revision to the comprehensive plan and zoning map and will have no impact on the transportation or other public facility and service needs of the area. B. Development of land uses allowed by the new designation shall not negatively affect . existing or planned transportation or other public facilities and services; ' Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). The purpose of ' the zone change is to allow for the replacement of ten(10)parking spaces on the Jackson Business Center property. Overall, the zone change request is a de minimis revision to the comprehensive plan and zoning map and will have no impact on the transportation or other public facility and service needs of the area. ' C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public ' and community services, etc. in the particular location, versus other appropriately designated and developable properties; Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). The purpose of the zone change is to allow for the replacement of ten (10) parking spaces on the Jackson Business Center property. An application was approved by the City of Tigard in March of 2008 to relocate the access drive into Durham Elementary School. This plan routed the entrance drive into the Tigard-Tualatin School District 23J 13 WRG Design,Inc. i City Tigard Ti and PDXDOCS:1782543.1 November 2008 • . 1 Elementary School through the Jackson Business Center property, owned by Metzger Ventures, LLC. ' The placement of this access drive eliminated eleven (11) parking spaces on the Metzger property. As a part of the condemnation settlement for the new access way, the School District agreed to reconstruct ten (10) of the parking spaces that were to be removed. This Comprehensive Plan amendment and Zone Change would serve the need of the business center to have these parking spaces replaced and ensure the continued viability of the Industrial Park use of the site. D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; 1 Response: The proposed Comprehensive Plan amendment and Zone Change applies to 3,153 square feet of property. This is a de minimis change to the plan, is particular to the unique circumstances of the two involved properties, and therefore will have no effect upon the availability of residential or industrial land. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; Response: A site plan showing the layout of the proposed parking spaces, landscaping and screening and buffering in compliance with the provisions of the development code, has been submitted with this application. , F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses; and Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). The purpose of the zone change is to allow for the replacement of ten (10) parking spaces on the Jackson Business Center property. The existing land uses will not change and have already been made compatible with the existing environmental conditions and surrounding land uses. The de minimis increase in square footage of the Industrial Park property and attendant decrease in square footage of the residential property will have no measurable affect on existing environmental conditions or surrounding land uses. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. 5 Response: The proposed Comprehensive Plan amendment and Zone Change applies to 3,153 square ' feet of property. This is a de minimis change to the plan, therefore will have no effect upon the viability of the City's natural systems. 16. The City may condition the approval of a Plan/Zoning map amendment to assure the • development of a definite land use(s) and per specific design /development requirements. Response: The applicant understands that conditions of approval may be attached to the Plan/Zone map amendment decision. 1 Tigard—Tualatin School District 23J 14 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • S. ' 17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. ' Response: The application requests approval of concurrent applications for a comprehensive Plan amendment, Zone Change, Lot Line Adjustment and Minor Modification to a Site Development Review, as allowed by this policy. 18. The Council may at any time, upon finding it is in the overall P ublic interest, initiate • legislative amendments to change the Comprehensive Plan text, Plan/Zoning Map(s) and/or the Community Development Code. 19. The Planning Commission may at any time recommend to the City Council that it ' consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps, and/or Community Development Code. 20. The City shall periodically review and, if necessary, update its Comprehensive Plan and ' regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Response: This Comprehensive Plan and Zone Amendment is initiated by the property owner. 21. The City shall require all development to conform to site design/development ' regulations.. Response: The applicant is requesting a Minor Modification to a Site Development Review application concurrent with the requested Comprehensive Plan and Zone Change application. The findings relating to this application will ensure that the parking spaces and landscaping to•be built conform to the applicable site design/development regulations. 23. The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and I future land uses. Response: The proposed Comprehensive Plan Amendment and Zone Change is requested to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P) to allow the ' redevelopment of ten (10) parking spaces on the adjusted Jackson Business Center lot. The use adjacent to the area proposed for the comprehensive plan amendment and zone change is zoned R-12 and is developed with Durham.Elementary School. According to the decision for casefile SDR2000-00016 located in Exhibit K, a Type C buffer is required between residential and industrial zoned properties; ' however the residential zoned property is used for an institutional use. The buffer at this property line is currently built to a D-2 standard including 15 feet of landscaping and a 4.5 foot decorative rock wall and fence. The development plan included with this application shows that the applicant will relocate the current 15-foot buffer to the west of the proposed parking spaces. This will maintain the current buffer configuration. ' Goal: 2.2 To enlarge, improve and sustain a diverse urban forest to maximize the economic, ' ecological, and social benefits of trees. Goal : Tigard—Tualatin School District 23J 15 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 S • 2.3 To balance the diverse and changing needs of the City through well designed urban ' development that minimizes the loss of existing trees to create a living legacy for future generations. 111 Response: The 3,153 square foot area proposed for the Comprehensive Plan Amendment and Zone Change does not include any trees. The amendment is requested so that ten (10) parking spaces can be replaced on the adjusted Jackson Business Center property. The parking spaces will be placed between existing Giant Sequoia trees. An arborist report has been obtained to ensure that these trees can remain with the addition of the parking spaces. GOAL 5 NATURAL RESOURCES,AREAS,AND OPEN SPACES Goal: 5.2 Promote the preservation and protection of historically and culturally significant resources. Policies: 1. The City shall actively promote the protection and preservation of historic and cultural resources and consider the development and implementation of new culturally significant resources, and cooperate with organizations involved in their protection. Response: The property subject to this Comprehensive Plan Amendment and Zone Change is currently zoned Residential R-12 with a historic district overlay. This overlay was placed on the site to recognize the historic Durham Elementary School building which is located at 8040 SW Durham Road, west of the area subject to the proposed Comprehensive Plan Amendment and Zone Change. This building was constructed in 1920 and is significant due to its association with early Oregon pioneer and businessman Albert Durham. The proposed Comprehensive Plan Amendment and.Zone Change area is located approximately 350 feet from the historic building and the minimal nature of the change will have no effect on the historic elementary school building. GOAL 9 ECONOMIC DEVELOPMENT Goal : 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Response: The proposed application seeks to.amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). This is a de minimis change and will not have an effect on the City's economy or the overall provision of Industrial or Residential zoned property. The change will allow for the replacement of ten(10) parking spaces on the adjusted Jackson Business Center property. These spaces are necessitated to replace parking spaces that had to be removed due to the relocation of the Durham Elementary School access drive, which was aligned through the Jackson Business Center property. The re-establishment of these spaces will assist with the function of the business center, as parking is a key component to making such a use successful. Policies : 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. 111 Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). This is a de 1 Tigard—Tualatin School District 23J 16 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • minimis change and will not have an effect on the City's economy or the overall provision of Industrial or Residential zoned property. ' 6. The City shall promote actions that result in greater, more efficient, utilization of its Metro-designated Employment and Industrial Areas. Response: The proposed Comprehensive Plan Amendment and Zone Change will allow for the replacement of ten (10) parking spaces on the adjusted Jackson Business Center property. These spaces are necessitated to replace parking spaces that had to be removed due to the relocation of the Durham ' Elementary School access drive, which was aligned through the Jackson Business Center property. The re-establishment of these spaces will assist with the function of the business center, as parking is a key component to making such a use successful. ' Goal: 9.3 Make Tigard a prosperous and desirable place to live and do business. ' Policies: 2. The City shall adopt land use regulations and standards to ensure a well designed and ' attractive urban environment that supports/protects public and private sector investments. 4. The City shall allow opportunities for home based businesses that are compatible with, ' existing and planned residential living environments. Response: The proposed application seeks to amend the City's comprehensive plan to change the designation on 3,153 square feet of property from Residential (R-12) to Industrial (I-P). This is a de minimis change and will not have an effect on the City's economy or the overall provision of Industrial or Residential zoned property. The change will allow for the development of ten(10) parking spaces on the adjusted Jackson Business Center property. These spaces are necessitated to replace parking spaces that ' had to be removed due to the relocation of the Durham Elementary School access drive, which was aligned through the Jackson Business Center property. The re-establishment of these spaces will assist with the function of the business center, as parking is a key component to making such a use successful. • 1 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE 18.380.030 QUASI-JUDICIAL AMENDMENTS AND PROCEDURES TO THIS TITLE AND MAP A. Quasi-judicial amendments. Quasi-judicial zoning map amendments shall be ' undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection D below. The approval authority shall be as follows: ' 1. The Commission shall decide zone change applications which do not involve comprehensive plan map amendments; ' 2. The Commission shall make a recommendation to the Council on an application for a comprehensive plan map amendment; and 3. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. 1 Tigard—Tualatin School District 23J 17 WRG Design,Inc. I City of Tigard PDXDOCS:1782543.1 November 2008 • 1 Response: The proposal includes a zone change with concurrent application for a comprehensive ' plan amendment, therefore the council will be the decision making body for the application. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and 1 map designations; Response: The applicable policies of the comprehensive plan are addressed herein. 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and Response: The applicable standards of the City of Tigard Community Development Code are addressed herein. ' 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Response: There has been a change in the neighborhood due to the relocation of the elementary school's access from Shaffer Lane to Durham Road at 79th. This relocation required removing eleven (11) parking spaces from the IP property. The purpose of this Comprehensive Plan amendment and Zone Change request is to add enough land to the Industrial property to replace ten (10) of those eleven (11) parking spaces This will ensure that the Industrial property remains viable for the established Industrial Park use. As a part of the condemnation agreement between the School District and Mr. Metzger for the access relocation, the School District is required to replace these parking spaces. The proposed location is the only viable location for replacement of these spaces, therefore this Comprehensive Plan Amendment and Zone Change is required. Additionally, if the lot line adjustment is approved and the comprehensive plan and zone is not changed on the 3,153 square foot area, there would be an inconsistency on the zoning map as it relates to the Jackson Business Center property in that it would be split-zoned. Overall, the zone change request is a de-minimis revision to the zoning map and will not alter the zoning or land uses in the area in any significant way. The purpose of the zone change is simply to re-establish ' the parking that was present on the IP property prior to construction of the new school access. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. Response: The applicant understands that the proposed quasi-judicial application may be denied, approved, or approved with conditions. 18.390.060 TYPE IV PROCEDURE A. Pre-Application conference. A pre-application conference is required for all Type IV actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080C. Tigard—Tualatin School District 23J 18 WRG Design,Inc. PDXDOCS:1782543.1 111 City of Tigard November 2008 ' • • Response: A pre-application conference was held on October 16, 2008. B. Timing of requests. The Director shall receive proposed Type IV actions twice yearly. A completed application shall be submitted not more than 75 days and not less than 45 days before the first commission meeting in April and October.The Director may waive any of the above periods. Response: In conversations with the Tigard Planning Department, it is understood that the application will go to the planning commission after staff review and notice and then to the City Council for decision. ' C. Application requirements. 1. Application forms. Application forms. Type IV applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; Response: The appropriate application forms were submitted with this application. 2. Submittal Information. The application shall: ' a. Contain the information requested on the form; b. Address the appropriate criteria in sufficient detail for review and action; ' c. Be accompanied by the required fee; and d. Be accompanied by 18 copies of the narrative. Response: The application package submitted included all of the required information. D. Notice of hearing. 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a Ihearing by the City Council is required. Response: The applicant understands that a hearing before the Commission and one before the City Council is required for the Comprehensive Plan amendment and Zone change application. ' 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; 1 (2) Any affected governmental agency; (3) The individual recognized by the affected CIT as the official contact person; ' and (4) Any person who requests notice in writing and pays a fee established by Council resolution. ' b. At least ten business days prior to the scheduled public hearing date, notice.shall be given in a newspaper of general circulation in the City. I Tigard—Tualatin School District 23J 19 WRG Design, Inc. City f Tigard PDXDOCS:1782543.1 y g November 2008 • c. The Director shall: 1 (1) For each mailing of notice, cause an affidavit of mailing to be filed and made a part of the record as provided by Subsection a; and (2) For each published notice, cause an affidavit of publication to be filed and made part of the record as provided by Subsection b. 3. Content of notice. The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information: Response: The applicant understands that the Director will mail notice to the appropriate parties as required by this Code. G. Decision-making considerations. The recommendation by the Commission and the • decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Response: This narrative includes findings addressing the applicable regulations and policies listed ' above to assist in the decision making of the Commission and Council. I LOT LINE ADJUSTMENT 18.420 LOT LINE ADJUSTMENTS 1 REQUEST The Applicant is requesting approval of a lot line adjustment between Tax Lots 200 and 401 on Map 2S113BA. The area of the adjustment is 3,153 feet. The following narrative demonstrates compliance with the applicable provisions within the City of Tigard Community Development code. The following table depicts the existing and proposed lot sizes of the two involved tax lots: ' Table 1: Existing and Adjusted Lot Sizes Existing Adjusted ' Tax Lot 200 109,081 ft2/2.50 Acres 112,234 ft2/ 2.57 Acres Tax Lot 401 121,786 ft2/2.79 Acres 118,633 ft2/ 2.72 Acres This lot line adjustment is requested concurrent with applications for a Minor Modification to a Tigard—Tualatin School District 23J 20 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November,2008 • ' Site Development Review and is subject to approval of the Comprehensive Plan Amendment and Zone Change submitted for the subject property. 18.410.020 APPROVAL PROCESS A. Decision-making process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.410.040. 111 Response: The proposed lot line adjustment has been submitted meeting the requirements for the Type I procedure. The applicable approval criteria of Section 18.410.040 are addressed below. B. Time limit on approval. The lot line adjustment approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. ' Response: The applicant will record the property line adjustment with the County within one and a half years after the date of approval. C. Lapsing of approval. The lot line adjustment approval by the Director shall lapse if: ' 1. The lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or 2. The final recording is a departure from the approved plan. Response: The applicant will record the lot line adjustment with Washington County meeting all of the conditions attached to the approval. The recorded adjustment will substantially match the approved plan. r D. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: Response: If an extension is necessary, the applicant shall follow the appropriate procedure for Iapplying for such an extension. 18.410.030 APPLICATION SUBMISSION REQUIREMENTS A. General submission requirements. All applications shall be made on forms provided by the Director and shall include information required for a Type I application, as governed by Chapter 18.390. Response: The City's lot line adjustment application form has been completed and submitted with 1 this application. This application package includes all of the information required for a Type I application. I B. Specific submission requirements. All applications shall include the preliminary lot line map and necessary data or narrative, detailed information for which shall be obtained from the Director. 1 Tigard—Tualatin School District 23J 21 WRG Design,Inc. ' City of Tigard PDXDOCS:1782543.1 November 2008 • • Response: The lot line adjustment application package includes the preliminary lot line adjustment ' map and the narrative, as required. 18.410.040 APPROVAL CRITERIA A. Approval criteria. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; Response: The following table depicts the existing and proposed areas of the two parcels involved with the proposed lot line adjustment application: Table 2: Existing and Adjusted Lot Sizes Existing Adjusted _ , Tax Lot 200 109,081 ft2/2.50 Acres 112,234 ft2/ 2.57 Acres Tax Lot 401 121,786 ft2/2.79 Acres 118,633 ft2/ 2.72 Acres ' As shown in the table above, Tax Lot 401 is proposed to be reduced in size by 3,152 square feet, for a resulting size of 2.72 acres. The minimum lot size for the Residential R-12 zone, within which this parcel is located, is 3,050 square feet. The resulting parcel size remains well above the minimum acreage, in compliance with this standard. 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Response: The only structures located on Tax Lot 401, which is decreasing in size, is the playground equipment for Durham Elementary School. These structures are located over 20 feet from the proposed lot line, meeting the requirements for setbacks in the Residential R-12 zone. Compliance with the applicable standards of the R-12 zone are addressed below in Sections 18.510 and 18.530. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: I a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and d. Setbacks shall be as required by the applicable zoning district. 1 Tigard—Tualatin School District 23J 22 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • ' Response: The resulting dimensions of the lots as proposed meet the requirements of the respective zones. Compliance with these standards is demonstrated in response to Sections 18.510 and 18.530, ibelow. 4. With regard to flag lots: Response: There are no flag lots proposed or affected by the proposed lot line adjustment. • 1 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Response: There are no new accessways proposed with this lot line adjustment. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Response: There are no common drives proposed with this lot line adjustment application. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress,and Circulation. Response: There are no new accessways proposed with this lot line adjustment application. B. Exemptions from dedications. A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required Response: There are no floodplain, greenway or right-of-way dedications required. 1 C. Variances to development standards. An application for a variance to the standards .,. ' prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. Response: There are no variances to development standards proposed with this lot line adjustment application. 18.410.050 RECORDING LOT LINE ADJUSTMENTS A. Recording requirements. Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. Response: The applicant will record the lot line adjustment with Washington County after approval by the City of Tigard. A copy of the recorded survey will be provided to the City for incorporation into the record. 1 Tigard—Tualatin School District 23J 23 WRG Design,Inc. City of Tigard PDXDOCS:1782543.1 No ember 2008 • • I B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment I survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. Response: The applicant will provide a copy of the recorded lot line adjustment survey to the City within 15 days of recording at Washington County. 1 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.050 DEVELOPMENT STANDARDS I A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. I Response: The proposed lot line adjustment application will not alter either lot's ability to meet the development standards of the underlying zone. The development standards applicable to the R-12 and the I-P zone are addressed below. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. 18.510.2 Development Standards in Residential Zones III R-12 STANDARD MF DU* SF DU** Minimum Lot Size 3,050 3,050 sq.ft. I -Detached unit sq.ft.per unit per unit - Attached unit -Duplexes -Boarding, lodging,rooming house Average Lot Width None None Minimum Setbacks 20 ft 15 ft. -Front yard 20 ft. 10 ft. -Side facing street on corner&through lots 10 ft. 5 ft. [1] ' - Side yard-Rear yard 20 ft. 15 ft. -Side or rear yard abutting more restrictive zoning 30 ft. 30 ft. district 20 ft. 20 ft. 111 -Distance between property line and garage entrance Maximum Height 35 ft. 35 ft. I Maximum Lot Coverage [2] 80% 80% Minimum Landscape Requirement 20% 20% [1] Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit **Single-family dwelling unit Response: The R-12 zoned property is not currently used for multi-family or single family housing, but includes the access drive and playground equipment for Durham Elementary School. The proposed adjustment of 3,153 feet does not alter the lot's compliance with the above criteria. The resulting parcel • . I Tigard—Tualatin School District 23J 24 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 I . • • Iis 2.72 acres in size. Structures on the lot consist of playground equipment. This equipment is placed approximately 28 feet from the re-located property line, in compliance with the setback requirements. A . I majority of the site is used as a field for the elementary school; therefore the lot remains in compliance with the maximum lot coverage of 80% and the landscape requirement of 20%. I18.530 INDUSTRIAL ZONING DISTRICTS 18.530.040 DEVELOPMENT STANDARDS • IA. Compliance required. All development must comply with: • 1. All of the applicable development standards contained in the underlying zoning I district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. Response: The applicable standards of the I-P zone are addressed below. 2. All other a licable standards n applicable a d requirements contained in this title. Response: All applicable provisions relating to a the proposed Comprehensive Plan amendment, I Zone Change, Lot Line Adjustment and Minor Modification to Site Development Review are contained herein. IB. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: I18.530.2 Development Standards in Industrial Zones STANDARD I-p I Minimum Lot Size None Minimum Lot Width 50 ft. Minimum Setbacks -Front yard 35 ft. I - Side facing street on corner&through lots[1] 20 ft. Side yard 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] I -Distance between front of garage&property -- line abutting a public or private street Maximum Height 45 ft. Maximum Site Coverage[2] 75 % [5] I Minimum Landscape Requirement 25 %[6] [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. I. [4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 1 1.5.1. • [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. I Response: The I-P zoned property is increasing in size with this lot line adjustment to be 2.57 acres in size. There is no minimum lot size requirement; therefore this lot is in compliance with the zone. The adjustment does not modify the width of the lot at the street; therefore the lot remains in compliance with I the minimum lot width standard. The structure on the lot remains consistent with the setback requirements of the zone, as the adjustment moves the western lot line away from the building, increasing the side yard setback. I Tigard—Tualatin School District 23J 25 • WRG Design, Inc. City of Tigard PDXDNovember 2008 • The previous approval for expansion of the Jackson Business Center, City Casefile SDR 2000-00016 ' decision located in Exhibit K, approved a reduction to the landscaping requirement from 25%to 20%, and an increase to the maximum site coverage requirement from 75%to 80%. The site plan submitted for that expansion included 23% landscaping, thereby exceeding the modified requirement. The subsequent I modification to the Durham Elementary School access approved through Casefile 2007-00004 (decision located in Exhibit L) increased the landscaping by an additional 108 square feet, for a final landscape percentage of approximately 24%. This Minor Modification application further increases the amount of landscaping on the Jackson Business center property by 593 square feet. MINOR MODIFICATION TO SITE DEVELOPMENT REVIEW 18.360 SITE DEVELOPMENT REVIEW I 18.360.060 MINOR MODIFICATION(S)TO APPROVED PLANS OR EXISTING DEVELOPMENT • A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. Response: The evaluation criteria for a major modification are addressed below. This change does not meet the threshold for a major modification, per the criteria; therefore a minor modification is requested. 1 B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. Response: The application package includes copies of the proposed modified site development plan as well as this narrative which addresses the rationale for the modification and the evaluation criteria located in Section 18.360.050B. e,, approved, approved C. Approval criteria. A minor modification shall b e pp roved, pp roved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this , title; and • 2. The modification is not a major modification. Response: This narrative addressed the applicable requirement of the City of Tigard Development Code as well as the evaluation criteria for a major modification. 1 18.360.050 MAJOR MODIFICATION(S)TO APPROVED PLANS OR EXISTING DEVELOPMENT B. Evaluation criteria. The Director shall determine that a major modification(s) will l result if one or more of the following changes are proposed. There will be: I Tigard—Tualatin School District 23J 26 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • ' 1. An increase in dwelling unit density, or lot coverage for residential development; • Response: The proposed change would replace ten (10) parking spaces to the adjusted Jackson ' Business Center property. The changed does not involve any residential uses. This criterion for a major modification is not met. 2. A change in the ratio or number of different types of dwelling units; Response: The proposed modification does not include any residential dwelling.units; therefore, this ' criterion for a major modification is not met. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Response: The proposed modification seeks to add ten (10) parking spaces on the adjusted Jackson Business Center property. These parking spaces are requested in order to replace eleven (11) spaces that were removed due to the-relocation of the Durham Elementary School access. The proposed modification itself does not require any additional on-site parking, but is the replacement of on-site parking previously removed; therefore this criterion for a major modification is not met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Response: The proposed modification does not alter the existing industrial structure; therefore this 1 criterion for a major modification is not met. ' 5. An increase in the height of the building(s) by more than 20%; Response: The proposed modification does not alter the existing structure;therefore this criterion for a major modification is not met. •I 6. A change in the type and location of accessways and parking areas where off-site ' traffic would be affected; Response: The requested modification seeks to replace ten (10) parking spaces along the western edge of the adjusted Jackson Business Center property. The replacement area for the parking spaces is ' located south of the new elementary school driveway and will not interfere or alter on or off-site traffic in any way; therefore this criterion for a major modification is not met. • 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Response: The additional parking spaces are requested in order to replace parking for the existing traffic that comes to the site and will not generate any additional vehicular traffic to and from the site; therefore this criterion for a major modification is not met. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Tigard—Tualatin School District 23J 27 WRG Design,Inc. I Cit of Ti and PDXDOCS:1782543.1 Y g November 2008 • • Response: The proposed modification does not alter the existing structure; therefore this criterion for ' a major modification is not met. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; 1 Response: Casefile 2000-00016 (decision located in Exhibit K), the Jackson Business Center Addition, reduced the landscaping requirement on the site to 20%. The findings for that application indicate that the landscaping plan for the development included 23% landscaping, thereby exceeding the modified requirement. The subsequent application filed for modification of the access to Durham Elementary School, Casefile 2007-00004 (decision located in Exhibit L), increased the landscaped area on the Jackson Business Center property by 108 square feet, for a final landscape percentage of 24%. , This proposal includes a concurrent application to adjust the property line between the Jackson Business Center property and the Durham Elementary School property. The total area of this adjustment is 3,153 square feet. 2,742 square feet of this adjusted area will be developed with landscaping, while 412 square feet of the adjusted area and 1,737 square feet of the current Jackson Business Center property (for a total of 2,149 square feet) will be developed with the ten (10) requested parking spaces. This results in a net gain of 593 square feet of landscaping on the Jackson Business Center property. Therefore, there is no reduction to the minimum common open space requirement for this parcel. This criterion for a Major • Modification is not met. r 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. Response: There are no recreational facilities currently provided on the Jackson Business Center property, therefore there is no change to any recreational facilities. j There is currently a 15-foot landscaped buffer built to the D-2 standard. This buffer will be moved to the west and will continue to be at least 15-feet in width. The relocated buffer will include all of the landscape elements that are currently provided; therefore there will be no reduction in the provided screening. Casefile 2000-00016 (decision located in Exhibit K), the Jackson Business Center additions, reduced the landscaping requirement on the site to 20%. The findings for that application indicate that the landscaping plan for the development included 23% landscaping, thereby exceeding this modified requirement. The subsequent application filed for modification of the access to Durham Elementary School, Casefile 2007-00004 (decision located in Exhibit L), increased the landscaped area on the Jackson Business Center property by 108 square feet, for a final landscape percentage of 24%. This proposal includes a concurrent application to adjust the property line between the Jackson Business Center property and the Durham Elementary School property. The total area of this adjustment is 3,153 square feet. 2,742 square feet of this adjusted area will be developed with landscaping, while 412 square feet of the adjusted area and 1,737 square feet of the current Jackson Business Center property (for a total of 2,149 square feet) will be developed with the ten (10) requested parking spaces. This results in a net gain of 593 square feet of landscaping on the Jackson Business Center property. Therefore, there is no .Tigard—Tualatin School District 23J 28 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 I • . reduction to the minimum common open space requirement for this parcel. This criterion for a Major Modification is not met. L 11. A modification to the conditions imposed at the time of site development review I approval which are not the subject of B1 through 10 above of this subsection. Response: A review of the conditions of approval from Casefile SDR98-00004 and SDR2000- 00016, included in the pre-application meeting notes, found that the proposed modification to allow for I ten (10) replacement parking spaces will not require modification to any existing conditions of approval. All conditions of approval will continue to be met. Therefore, this criterion for a major modification is not met. I C. When the determination is made. Upon determining that the ro osed modification to P P the site development plan is a major modification, the applicant shall submit a new I application in accordance with Sections 18.360.030 and 18.360.070 for site development review prior to any issuance of building permits. .. I Response: The findings to the eleven (11) major modification evaluation criteria demonstrate that the proposal does not meet the threshold for a major modification and can therefore be processed as a minor modification. I18.705 ACCESS,EGRESS AND CIRCULATION 18.705.030 GENERAL PROVISIONS IA. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or I parcel of real property in the City. Response: The Applicant will continue to provide maintenance of access and egress stipulated in this title on a continuing basis. IB. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The I Director shall provide the applicant with detailed information about this submission requirement. Response: A site plan is included in the Development Plan Set in Exhibit A. The ten (10) replacement parking spaces proposed along the western boundary of the adjusted lot will be accessed off of the existing 24' access drive which provides access to existing parking spaces located along the western side of the building. IC. Joint access. Owners of two or more uses, structures,-or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both I uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, Ieasements, 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. 1 • Tigard—Tualatin School District 23J 29 WRG Design, Inc. I City g of Tigard PDXDOCS:1782543.1 November 2008 • • I Response: A joint access agreement was completed between the School District and Mr. Metzger. I See Casefile 2007-00004 (decision located in Exhibit L). This Comprehensive Plan Amendment, Zone Change, Property Line Adjustment and Minor Modification do not alter this agreement in any way. I D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Response: The proposed parking spaces will be accessed off of a 24-foot access drive. This access drive leads directly to Durham Road, a Public Street. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Response: There are no new curb cuts proposed with this application. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: Response: The proposed parking spaces will not affect any of the existing on-site pedestrian j walkways. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) Response: There are no new driveways or streets proposed with this application; therefore an access report is not required. The new parking spaces will take access off of an existing 24-foot access way. J. Minimum access requirements for commercial and industrial use. I 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; Response: The Industrial/Office Site is an industrial use and has two driveway access points that are a minimum 30 feet wide as prescribed by'Table 18.705.3. This application does not propose any changes to the accessways. , K. One-way vehicular access points. Where a proposed parking facility indicates only one- way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive II shall be situated farthest from oncoming traffic. Response: The access way from which the proposed parking spaces will be accessed is a 24-foot, two-way travel lane. There are no one-way vehicular access points proposed. L. 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: I Response: There will be no increase in traffic produced by the proposed additional parking spaces. No causes or increases to existing hazardous traffic conditions are anticipated. Adequate . access for emergency vehicles exists. There are no revisions proposed to any of the existing access locations. I Tigard—Tualatin School District 23J 30 WRG Design,Inc. PDXDOCS:1782543.1 ' City of Tigard November 2008 • • 18.740 HISTORIC OVERLAY 18.740.020 APPLICABILITY OF PROVISIONS A. Designated areas. The historic overlay district shall apply to the following sites and , areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as ' governed by Section 18.740.030. Response: - The School Site is an elementary school campus comprised of a total of four taxlots, which includes the historic overlay on the two school campus lots zoned R-12. The historic structure on-site is not being altered or impacted by the Comprehensive Plan Amendment, Zone Change, Property Line Adjustment or parking improvements. The Historic Overlay criteria are not applicable. 18.745 LANDSCAPING AND SCREENING 18.745.030 GENERAL PROVISIONS A. Obligation to maintain. Unless otherwise provided by the lease agreement, the • owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary,and shall be kept free from refuse and debris. Response: The owner will provide for the maintenance of all landscaping and screening which will be maintained in good condition so as to present a healthy, neat and orderly appearance, and will be replaced or repaired as necessary, and will be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be I controlled by pruning,trimming or otherwise so that: ' 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and r3. It will not constitute a traffic hazard because of reduced visibility. Response: The owner understands that all plant growth in landscaped areas of the development shall ' be controlled by pruning, trimming or otherwise so that; it will not interfere with the maintenance or repair of any public utility; it will not restrict pedestrian or vehicular access; and it will not constitute a traffic hazard because of reduced visibility. C. Installation requirements.The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; I Tigard—Tualatin School District 23J 31 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • 2. The plant materials shall be of high grade, and shall meet the size and grading ' standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. I Response: All landscaping will meet the size and grading standards of the American Standards for Nurberg Stock, and will be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. I Response: The Applicant understands this criterion. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 1 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). Response: All precautions will be undertaken to ensure the health and survival of existing vegetation to be saved. Fencing will be installed around the areas that will be undisturbed by the addition of the parking spaces. Please refer to the Development Plans in Exhibit A. F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. Response: The Owner will and has been utilizing the appropriate methods for the care and maintenance of street trees and landscaping materials abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. Response: This application is for a Minor Modification to Site Development Review. The Applicant understands that standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. . Response: There is no additional landscaping proposed adjacent to the right-of-way. I I Tigard—Tualatin School District 23J 32 WRG Design,Inc. City of Tigard PDXDOCS:1782543.1 Y g November 2008 • • 1 18.745.040 STREET TREES 111 A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. Response: The proposed modification to replace ten (10) parking spaces along the western boundary of the adjusted Jackson Business Center property will not affect any existing street trees, nor are any additional street trees required due to the addition of the parking spaces. 18.745.050 BUFFERING AND SCREENING A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses 1 which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and ' screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. Response: According to a review of previous approvals (specifically casefile 2000-00016, decision located in Exhibit K), a Type C buffer is required to be maintained aloe the western boundary of the Jackson Business Center and Durham Elementary. The current buffer is built to a D-2 standard being 15-feet in with a row of mature Giant Sequoia trees, raised landscape islands between the trees and a fence. This buffer will be reconstructed along the new property line. The concurrent Property Line Adjustment application requests adjustment of a portion of the western boundary of the Jackson Business Center property to the west 20 feet. This adjustment allows for replacement ten (10) parking spaces between the existing Giant Sequoia trees. The raised planter islands and the fence will be moved out and reconstructed between the proposed parking spaces and the property line. The raised planter beds that are currently 4 feet in height between the Sequoia trees ' and associated vegetation will be moved 20-feet back and reconstructed into a solid berm with landscaping. In essence, the existing buffer configuration will remain, which is greater than is otherwise required. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and 1 Tigard.—Tualatin School District 23J 33 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard .November 2008 • • screening matrix and containing a length equal to the length of the property line 1 of the abutting use or uses; Response: According to Table 18.745.2 of the Tigard Development Code, a Type C buffer provides three (3) options. The first option is a ten (10) foot wide buffer with shrubs and four (4) foot hedges. The second option requires an eight (8) foot wide buffer with shrubs and a five (5) foot fence. The third option requires a six (6) foot wide buffer with shrubs and a six (6) foot wall. All of the options require trees to be planted with minimum spacing of 15 feet and maximum spacing of 30 feet. The requested property line adjustment proposed to move the western property line of the Jackson Business Center to the west 20 feet. This would provide 15 feet of buffer width between the parking spaces and the property line. This area will be planted with shrubs and other plantings as is currently provided in raised planter beds. The existing 6 foot fence along the property line will be relocated to the new property line. There will be no additional trees planted within the 15-foot buffer, as the existing Giant Sequoia trees prevent the success of trees planted within such close proximity. The Giant Sequoia trees will continue to act as a screen, although not located directly within the 15- foot buffer area. 2. A buffer are a may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the 1 City; Response: The 15 foot buffer between the proposed parking spaces and school district property will include landscaping and a fence. The parking spaces are located outside of the 15 foot buffer area. 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; • Response: A chain link fence is provided around the School Site. This fence is necessary for the security of the school and the safety of the students. The chain link fence is provided in accordance with Sections 18.745.05O.B.8 and 18.745.05O.D. Please see the site plan in Exhibit A for the exact location of the relocated fencing. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: I a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees. and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; r Tigard—Tualatin School District 23J 34 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. tResponse: The buffer provided between the new parking spaces and the adjusted property line is 15 feet in width, exceeding the requirement of 6-10 feet for a Type C buffer which is required. There are existing Giant Sequoia between the proposed parking spaces. These trees are large enough as to prevent successful planting of additional trees within the new 15 foot buffer. The Giant Sequoia trees are large enough to provide screening, although they will no longer be located directly within the buffer area. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four-foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in 1 lawn or other living ground cover; or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. Response: The existing raised planters and evergreen planting that serve as the current Type C buffer will be moved west to serve as the new buffer. This will provide an earthen berm planted with evergreen plant materials, per option b above. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795;. Response: The Applicant understands this criterion. 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; Response: There are no grade issues to take into consideration in measurement of the screening elements. • 8. Fences and walls a. Fences and walls h s all be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; Tigard—Tualatin School District 23J 35 WRG Design,Inc. City of Tigard PDXDOCS:1782543.1 2008 • • c. Walls shall be a minimum of six inches thick; and ' d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. Response: A chain link fence is provided around the perimeter of the Durham Elementary School campus and will be moved to the adjusted property line. This is a 6-foot chain link fence I and is not used as screening but as a necessary securing measure for the school. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and ' c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area 11 as set forth in Chapter 18.795. Response: There are currently berms or raised planters between each of the Giant Sequoia trees along the western property line of the Jackson Business Center. These berms will be moved west to the new property line and will be planted with evergreen shrubs. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and,-in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. Response: A 3-foot high chain link fence is currently located on the property line between Durham Elementary School and the Jackson Business Center. This fence will be relocated to the new property line, as it is required for security purposes for the school. I D. Height restrictions. 1 Tigard—Tualatin School District 23J 36 WRG Design,Inc. PDXDOCS:1782543.1 • City of Tigard November 2008 i • 1 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where ' parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. Response: The earthen berms proposed do not exceed the six-foot height limitation. E. Screening: special provisions. • 1 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped„parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; • (2) Landscape planters may be used to define or screen the appearance of • off-street parking areas from the public right-of-way; • (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; 1 (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven ' parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form • of wheel guard or curb. Response: The proposed parking spaces will be located between the existing Giant Sequoia trees. These trees and the re-located berm and plantings,serve as a screening between the proposed parking area and the R-12 zoned school district property. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; Response: The existing screening for the service facilities will not be affected by this modification. 1 4. Screening of refuse containers. Except for one- and two-family dwellings, any • refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. 1. . Tigard—Tualatin School District 23J 37 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • I Response: Existing screening for the refuse containers will not be affected by this modification. i F. Buffer Matrix. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; 2. An application for a variance to the standards required in Tables 18.745.1 and I 18.745.2, shall be processed as a Type II procedure, as regulated by Section . 18.390.040, using approval criteria in Section 18.370.010. Response: According to Table 18.745.2 of the Tigard Development Code, a Type C buffer provides three (3) options. The first option is a ten (10) foot wide buffer with shrubs and four (4) foot hedges. The second option requires an eight (8) foot wide buffer with shrubs and a five (5) foot fence. The third option requires a six (6) foot wide buffer with shrubs and a six (6) foot wall. All of the options require trees to be planted with minimum spacing of 15 feet and maximum spacing of 30 feet. The requested property line adjustment proposed to move the western property line of the Jackson Business Center to the west 20 feet. This would provide 15 feet of buffer width between the parking spaces and the property line. This area will be planted with I shrubs and other plantings as is currently provided in raised planter beds. The existing 6- foot fence along the property line will be relocated to the new property line. There are existing Giant Sequoia between the proposed parking spaces. These trees are large enough as to prevent successful planting of additional trees within the new 15 foot buffer. The Giant Sequoia trees are large enough to provide screening, although they will no longer be located directly within the buffer area. 18.745.060 RE-VEGETATION A. When re-vegetation is required.Where natural vegetation has been removed... , Response: No natural vegetation will be removed. This criterion is not applicable. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for _ grading and construction... Response: No topsoil will be removed in preparation for re-vegetation since no natural vegetation will be removed. This criterion is not applicable. C. Methods of re-vegetation.... Response: Re-vegetation is not required. This criterion is not applicable. I 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.030 GENERAL PROVISIONS A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how • access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: The Applicant understands this criterion. Tigard—Tualatin School District 23J 38 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • B. Location of vehicle parking. The location of off-street parking will be as follows: 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority:• • 1) Disabled-accessible spaces; 2) Short-term spaces; 3)Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. Response: The parking already exists on-site. The removal of the eleven (11) spaces left the Jackson Business Center with 91 spaces on site, which meets code requirements. However, the replacement parking must be provided on the Jackson Business Center property, owned by Mr. Metzger, through the condemnation agreement between Mr. Metzger and the School District. The proposed and existing parking is located upon the same property that it will serve. This criterion is met. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est)use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds,leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Response: The replacement parking will serve the Jackson Business Center and will be located on the same lot.No joint parking areas are proposed. This criterion does not apply. D. Parking in mixed-use projects... Response: . This is not a mixed-use project. This criterion does not apply. I E. Visitor parking in multi-family residential... Response: This is not a multi-family residential project. This criterion does not apply. I F. Preferential long-term carpool/vanpool parking... - Response: No long-term parking is proposed. This criterion does not apply. G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. I Tigard—Tualatin School District 23J 39 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • I Response: Sufficient ADA Parking for this site already exists on-site, and no additional ADA ' spaces are requested with this application. 11. DEQ indirect source construction permit. All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality(DEQ) to: 1. Acquire an Indirect Source Construction Permit; I 2. Investigate the feasibility of installing oil and grease separators. Response: A total of 102 parking spaces will be available on this site. This criterion is not applicable. 18.765.040 GENERAL DESIGN STANDARDS A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. Response: The owner will maintain the parking lot in good repair at all times. B. Access drives. With regard to access to public streets from off-street parking: j 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maxim um safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795,Visual Clearance; 5. Access drives shall be improved with an asphalt or concrete surface; and I • 6. Excluding single-family and duplex residences,except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. Response: There are no modifications to accessways proposed with this application. The proposed parking spaces will take access off of an existing 24-foot drive isle. C. Loading/unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place... Response: This site does not include a school.Therefore this criterion is not applicable. D. On-site vehicle stacking for drive-in use... Response: No drive-in uses exist or are proposed at this time. This criterion does not apply. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. Response: No new curb cuts are required as a part of this minor modification. Tigard—Tualatin School District 23J 40 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • ' F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area ' has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. Response: No drop-off grade separation exists. This criterion does not apply. • G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Response: The ten (10) replacement parking stalls will be located between the existing Giant Sequoia trees. Additional landscaping will be provided in the area west of the parking 'i spaces in the form of the buffer and screening area. This area provides 15-feet of buffering between the business park and the elementary school. All other parking lot landscaping will remain. ' H. Parking space surfacing. 1. Except for single-family and duplex residences, and for temporary uses or fleet I storage areas as authorized in 18.765.040.11.3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces; 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt or concrete surface; 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be surfaced in gravel when authorized by the approval authority at the time the site development approval is given. The Director may require that the property owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles - _ utilizing the parking area; or c) if there is evidence of adverse effects upon adjacent roadways, water courses, or properties. Such an agreement shall be executed as a condition of approval of the plan to establish the gravel parking area. Gravel-surfaced parking areas may only be permitted consistent with the following: a. Gravel parking areas shall not be permitted within 100 feet of any residentially-zoned or residentially-developed area; b. Gravel access and/or parking areas shall not be allowed within 100 feet of any water course; I . c. Gravel parking areas shall not be allowed within 100 feet of any public right-of-way; and d. A driveway which connects a gravel parking area with any public street shall be paved. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining, whether or not the gravel-surfaced parking is warranted: r Tigard—Tualatin School District 23J 41 WRG Design,Inc. 1 City of Tigard PDXDOCS:1782543.1 November 2008 • • a. The request_for consideration to allow a parking area in conjunction with ' the temporary use shall be made in writing concurrently with the Temporary Use application per the requirements of Section 18.385.050; b. The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed; and c. Approval.of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. Response: All parking areas are currently surfaced with asphalt, or will be surfaced with asphalt. This criterion has been met. I. Parking lot striping. 1. Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. Response: All interior drives, parking spaces, and access aisles are clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The new parking spaces will be striped. This criterion is met. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The al front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. Response: The proposed parking spaces are located along the boundary of the parking lot adjacent to the landscape buffer. The front three feet of the parking stall will be planted with low- lying landscaping, in accordance with this standard. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. Response: The new off-street parking and loading areas will be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur. This criterion is met. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. Response: Lighting already exists on site and is arranged to direct the light away from any adjacent residential district. No new lighting is proposed with this modification. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Response: There is no new•signage proposed with this modification. Tigard—Tualatin School District 23J 42 WRG Design, Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • • ' N. Space and aisle dimensions. (Figure 18.765.1) 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the • minimum dimensions for parking spaces are: a. 8.5' x 18.5' for a standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. ' 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. Response: The proposed parking spaces measure 8.5'wide by 18.5 feet long, per the requirements for standard parking spaces. Each space will be demarcated with striping. The aisle serving the new parking spaces allows two direction traffic and is 24 feet in width. 18.765.050 BICYCLE PARKING DESIGN STANDARDS A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; ' 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location wliich does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. Response: No changes are proposed to this site that would affect bicycle parking; therefore this criterion is not applicable. 18.765.070 MINIMUM AND MAXIMUM OFF-STREET PARKING REQUIREMENTS B. Choice of parking requirements. When a building or use is planned or constructed • in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Response: A total of 91 parking spaces are currently provided on the site. This is less the eleven (11) parking spaces that had to be removed due to the relocation of the driveway for Durham Elementary School. The applicant is requesting this modification to replace ten (10) of the eleven (11) parking spaces that were removed, for a total of 101 parking spaces. A total of 41 parking spaces minimum are required per the approved SDR2000- Tigard—Tualatin School District 23J 43 WRG Design,Inc. I City of Tigard PDXDOCS:1782543.1 November 2008 • • 00016 (decision located in Exhibit K). There exists no maximum parking requirement for ' the Light Industrial Zone according to Table 18.765.2. This criterion is met. C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.11: 1. Fractions. Fractional space requirements shall be counted as a whole space; 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required,the employees counted are those who work on the premises during the largest shift at the peak season; 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of '11 the structure, excluding only space devoted to covered off-street parking or loading. Response: A minimum of 41 parking spaces are required per the approved SDR2000-00016 1 (decision located in Exhibit K). There exists no maximum parking requirement for the Light Industrial Zone according to Table 18.765.2. This criterion is met. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. . The street where on-street parking is proposed is not located on local residential streets. Response: No exclusions to the minimum vehicle parking requirements are proposed. This criterion 1 does not apply. 2. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles... Response: No changes are proposed to this site that would affect this criterion. This criterion is not applicable. I E. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.11, the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building I or freestanding; b. Market-rate paid parking; Tigard—Tualatin School District 23J 44 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 . • • c. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible parking spaces; ' e. Fleet parking. • 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet, the development will be allowed up to 10 vehicle parking spaces. Response: There is no maximum parking standards for light industrial uses, per Table 18.765.2, therefore no exceptions are sought. This criterion does not apply. ' F. Reductions in minimum required vehicle parking... Response: No reductions are sought. This criterion is not applicable. G. Increases in maximum required vehicle parking. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. Response: No increases in maximum required parking have been proposed. This criterion does not apply. 18.765.080 OFF-STREET LOADING REQUIREMENTS A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. Response: No changes are proposed to this site that would affect this criterion. This criterion is not applicable. B. Off-street loading dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and location; r2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; ' 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; 4. Screening for off-street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Response: No changes are proposed to this site that would affect this criterion. This criterion is not Tigard—Tualatin School District 23J 45 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • r applicable. 1 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 18.810.100 STORM DRAINAGE A. General provisions. The Director and City Engineer shall issue a development 1 permit only where adequate provisions for storm water and flood water 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. Response: Runoff from the new proposed impervious area will be conveyed to the water quality facility on the School District's property for treatment. This facility was designed and built to provide treatment for runoff from the Durham Elementary School property, as well as for the western one-third of the Metzger property, per Casefile 2007-00004 (decision located in Exhibit K). This facility was designed with excess capacity. An update to the storm water report prepared for this facility is included with this application in Exhibit J demonstrating that the facility has excess capacity to handle the additional impervious area. B. Easements. Where a development is traversed by a watercourse, drainageway, 1 channel or stream, there shall be provided a storm water 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. Response: Fanno Creek is located southeast of the site. The site is not traversed by a watercourse, drainage way, channel or stream. This criterion does not apply. 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: 1. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). Response: All accommodations for upstream drainage have already been designed and constructed. The proposed parking spaces will not adversely affect any upstream drainage. 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 accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). Tigard—Tualatin School District 23J 46 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • • ' Response: The downstream drainage capacity will not be affected. The run-off from the proposed parking spaces will be treated before outfall into Fanno Creek in the-southeastern portion • of the site. CONCLUSION The Applicant is requesting approval of a Comprehensive Plan Amendment,Zone Change, Property Line Adjustment and Minor Modification to a Site Development Review. The above narrative and the attached ' exhibits set forth evidence meeting all applicable criteria and standards set forth in the City of Tigard Comprehensive Plan and Development Code as well as applicable goals set forth by the State of Oregon. The applicant respectfully requests approval of the proposed applications, as development of the proposed parking spaces will allow development of ten (10) parking spaces required to replace.those removed with the access relocation for Durham Elementary School. I 1 I I Tigard—Tualatin School District 23J 47 WRG Design,Inc. PDXDOCS:1782543.1 City of Tigard November 2008 • . I . . ME " GER PARKING RECONSTRUCTION W ELEMENTARY . a a i . . . . DURHAM . . . 1 MMO0.M g x . . - . . . . MIII.I i. Tigard,. Oregon . g-..- I 0L0 a I ROSS RD. EN Glpaa '4•a` Z SHEET INDEX KENTON Lr74) LN. 810 ; .< i • __ C0.0 COVER SHEET ;1' . ASHFORD PROJECT :a�NG _ C1.0 EXISTING COND ADJUSTMENT PLAN • D'""'tiaL7" ar I . :t .,,._ t " � VICINITY _+ _ Czo BOUNDARY ADJUSTMENT HAMLET sT. . „ v °' I __ C3.0 SITE PLAN Z p.. •.1 •"'A • • PA z uRCHILL y.1 DURHAM RD. M • .,. C4.0 GRADING PLAN 0 A VNST. FAY.:cm') . L10 LANDSCAPE PLAN■1 �> • DURHAM�� ��� - --- -- -- 1�? sx U Q 4 M.> yp, • ti .y�M1. � SEWAGE ,�•, f . ♦'J 1 TREATMENT Fenno N•TIGARD O PLANT �, IIIK_* I— p O �' 7/ Cl) F- � � z U 1 DURHAM :. � g cc -I i_ . . - VICINITY MAP ;� C. W p I r NOT TO SCALE '� e► J I z = ® Y U �'t :� I Z I - DATUM: - - - ELEVATION DATUM: NGVD 1929 .# Z < ' BENCHMARK: 2'BRASS DISK :,...1-ii.... _ W ♦O♦�� LOCATION: CL MON BOX DURHAM k 85TH AVE - - = w D V ELEVATION: 179.155 FEET LOCATION MAP \I _ 1 - ��//�1 R W mY OF TGARD BM 66 SCALE MTS vI C ' WASHINGTON COUNTY BM/178 �./• UTILITY STATEMENT: PI W N OC o • THE UNDERGROUND UTIUTIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE > < - 1 • SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, • " " - O /_ Q o EITHER IN SERVICE OR ABANDONED.THE SURVEYOR FURTHER DOES NOT WARRANT NAT THE UNDERGROUND UTILITIES SHOWN fV ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE.THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTIUTIES. UNDERGROUND ACCURACY STATEMENT: - - I DUE TO THE HAZARDOUS NATURE AND APPUCABLE OSHA REQUIREMENTS REGARDING CONFINED SPACES,IT IS WRG POLICY TO NOT SEND OUR FIELD STAFF INTO UTILITY MANHOLES TO RETRIEVE DEPTH AND SIZE INFORMATION.THEREFORE, ANY "-ELEVATION INFORMATION SHOWN HEREON IS SUBJECT TO AN UNCERTAINTY IN ACCURACY OF PLUS OR MINUS 0.2'OR GREATER(DEPENDING ON DEPTH.SIZE.FLOW,AND CONSTRUCTION OF MANHOLE).PIPE SIZES ARE ALSO ABJECT TO AN , UNCERTAINTY OF SIX OUCHES OR MORE(DEPENDING ON DEPTH.SIZE,FLOW.-AND CONSTRUCTION OF MANHOLE):IF A HIGHER OREGON UTILITY -ACCURACY IS NEEDED, THEN ADDITIONAL TIME, EQUIPMENT,AND PERSONNEL WILL BE REQUIRED TO GO INTO THE MANHOLE AND RETRIEVE THIS INFORMATION. NOTIFICATION CENTER , I 4 800-332-2344-BASIS OF BEARINGS: s! o�° • THE BEARING OF SOUTH 8542'31'EAST ALONG THE CENTERLINE OF SW DURHAM ROAD(COUNTY ROAD/23)AS SHOWN ON `B 0 d - RECORD OF SURVEY 26,866 AND 26.194 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. FOBS 4 -• I - PROJECT NO TSDB/0t00 PROJECT TEAM DATE TIMM DESIGNED BY: CBM DRAWN BY: CBM OWNS LAND USE PLANNER/CONTACT CIVIL EN( SURVEYOR ARBORIST LANDSCAPE ARCHITECT CHECKED BY: AMR- 1 Tigard Tualatin School Dlsbic 23J - WRG Design,Inc - WRG Design.Inc- • WRG Design,Inc - Tree Care&Landscapes Unlimited,Inc. WRG Design,Inc , "•- 6960 SW Sandburg Road 5415 SW Westgate Drive,Suite 100 5415 SW Westgate Drive,Suite 100 - 5415 SW Westgate Tigard,Oregon 97223 Portland,Oregon 97221 Portland,Oregon 87221" "Portland, n 9 Drive,Suite 100" PO 81566 Oregon 5415 SW Westgate 97221 Suite 100 • (503)431-4000 (503)419-2500 (503)419-2500 (503)419-2500 9 regon 970.5 Portland,Oregon 9722, COVER 503 431.4047 fax - (503) fax (503)835-3165" -(503)419-2500 _" ( ) (503) fax (503)419-2600 fax • Contact Raymond Myer (503) fax • ; - - " Contact Rob Saxton Contact Michele Simantel Contact Tony Roos.PE - - - Contact:Samantha Bianco,PLS - Contact 9) Andrews,RLA " - • I Coo . \ I . a I �' .°.0 p CONSTRUCTION NOTES - a ° 4- < • I f //////////// Q REMOVE EXISTING STANDARD CURB • /\ • LL • / PROTECT AC EDGE FOR FUTURE AC JOINT 52 I \ / © PROTECT EXISTING STORM INLET " r. Z g 155 \ • j © REMOVAL UMITS OF EXISTING FENCE.NEST OF NEW PROPERTY BOUNDARY „ 6• • ,I / Q RELOCATE EXISTING RAISED ROCKERY.PLANTER ISLAND BEHIND PROPOSED PARKING STALLS – Q I / TO BE DESIGN/BUILD BY OWNERS LANDSCAPE CONTRACTOR — @m ° PROTECT EXISTING TREES SCALE 1=10' w b• �� �� ° PROTECT EXISTING GATE POST 3 • 1O 5 O f0 W w i" ,� e„,,, • 0 x �i �� / TREE SURVEY TABLE• • I --/ I1 �� Lj/_ / • O ------ / SPECIES DBH • y/X © �1' a O�_ j 7 GIANT SEQUOIA 24• 2 GANT SEQUOIA 22• • 1 r^ 3 GIANT SEQUOIA 22 •,1 X/ © III ( I�I�, © 5 CANT SEQUOIA 22• . II II l• / 6_ GIANT SEQUOIA 22• 0 Alk I`� ' l.. SITE TREE PROTECTION d ▪ WRAP TREE TRUNKS WFIH 1/2.THICK PLYWOOD.DO NOT FASTEN PLYWOOD DIRECTLY TO TREE BY / O ,Ir Nitipti: ° —� METHODS THAT WILL PENETRATE ANY PART OF THE TREE OR OTHERWISE DAMAGE.THE TREE. THE v PLYWOOD WILL BE USED IN UEU OF STANDARD WIRE TREE PROTECTION FENCING. 154 i r © / • IT WILL BE NECESSARY TO PRUNE AWAY ANY LOWER TREE LIMBS SO AS TO PROVIDE 10'OF VERTICAL - N I ��°%S►`. / CLEARANCE ABOVE FINISH GRADE.PRUNING SHALL BE SUPERVISED BY AN ISA CERTIFIED ARBORIST AND D SHALL BE DONE TO ANSI STANDARDS.• ':III C III - j ANY OTHER LIMBS THAT MAY INTERFERE WITH CONSTRUCTION EQUIPMENT CLEARANCE SHALL BE TIED BACK IN A MANNER THAT PROVIDES ACCSS FOR THE EQUIPMENT AND PROTECTS THE LIMB FROM � I—DAMAGE. 7'll� i / • EXISTING BOULDER RETAINED PLANTERS SHALL BE REMOVED TO ORIGINAL GRADE. A CAY SCIL FILL HAS Z Z U 3�- lIiII I / BEEN PLACED TO CREATE THE PLANTERS AFTER THE GANT SEQUOIAS HAD REACHED THEIR CURRENT . I�III X11 '< MATURITY.CARE SHALL BE TAKEN NOT TO DAMAGE ROOTS THAT EXIST AT ORIGINAL GRADE. HAND WORK 4 O �-j�, / WILL BE NECESSARY TO REMOVE THE EXISTING SOIL THAT IS WITHIN SIX VERTICAL INCHES OF EXISTING J �%' TREE ROOTS. HAND LABORERS SHALL BE INSTRUCTED TO GENTRY SCRAPE AWAY THE LAST LAYERS OF I- �.. 7 - SOIL ABOVE THE ROOTS WORKING IN RADIAL DIRECTION OUTWARD FROM THE TREES TRUNK. THIS WORK fl U v_J ° L� WILL REQUIRE ON SITE SUPERVISION BY AN ISA CERTIFIED ARBORIST. w O /Y �. �^ e / • PRUNING OF ROOTS 2•IN DIAMETER-OR GREATER SHALL BE AVOIDED. I.L I � © / • ARBORIST. DESIGN OF THE PARKING LOT SYSTEM SHALL BE REVIEWED AND APPROVED BY AN ISA CERTIFIED W 0 O - I �q �QIf - GENERAL TREE PROTECTION PLAN z Z U■ • \ El IIII (I' Se ///////////j PRIOR TO CONSTRUCTION O_ • JJ - ) ▪ IDENTIFY AND NUMBER THE TREES TO BE PROTECTED,VERIFY BY MAPPING AND/OR TAGGING AND NOTE LL — '� RE%E SIZE IN D.B.H. (DIAMETER AT BREAST HEICIIT), VARIETY. HEALTH AND STRUCTURAL CONDITIONS, r Z 1; Att\,,Alit' •. ' ,c REVIEW PLANS. Q a_ I-- ..• © ▪ CHECK WI1H LOCAL GOVERNMENT AGENCIES FOR TREE PROTECTION ORDINANCES _ 7 1 uni L Qi . n • REMOVE ANY LOW UMBS THAT MAY BE IN THE WAY OF CONSTRUCTION EQUIPMENT, AND PRUNE AS Cr �+ Z • '� .'Ilil © ® • NEEDED TO ADHERE NAA STANDARDS. O Cr < 0 it . 0 • NOTIFY ALL OTHER CONTRACTORS THAT THESE TREES ARE TO BE SAVED AND PROTECTED. W w cc (/�` -6410 • IDENTIFY ANY INSECT OR DISEASE PROBLEMS THAT MAY REQUIRE TREATMENT - - (5 Q ; • I 0 • DESIGN LANDSCAPE ISLAND AND PLANTING AREAS LARGE ENOUGH TO ACCOMMODATE TREES AT • - - Z Q 0 MATURITY L M Q•L f ` < I El 1111111� _ • HAVE AN EXPERIENCED ARBORIST REVIEW LANDSCAPE PLAN TO ASSURE THE RIGHT TREE IS PLANTED IN ' 1 �(' KlJI �I THE RIGHT PLACE,AND PROPOSED CHANGES DON'T KILL RETAINED MATURE TREES LL! 0 < I ! l�i:1l CHECK FOR PAST AND PROPOSED GRADE AND DRAINAGE CHANCE CONSIDER THE EFFECTS. W C H 1�71�` G • • MINIMIZE ENVIRONMENTAL CHANGES. ` I El ' �” - DURING CONSTRUCTION •I "� �f-�J, �S3 ® • KEEP EQUIPMENT OFF OF THE ROOT SYSTEM TO AVOID COMPACTION. I ��``-- p ,��� 0 • KEEP EQUIPMENT AWAY FROM STRUCTURE TO PREVENT DAMAGE TO TRUNK AND UMBS. ' ' \A _ © t''II► ' ��I • • DON'T ALLOW CHEMICALS TO BE DUMPED ON THE GROUND NEAR THE TREE, I.E., GASOLINE,DIESEL,. . PAINT,HERBICIDE, CLEANER, THINNERS ETC.• I • PROVIDE MEAN OF TEMPORARY IRRIGATION IF THE PROTECT RUNS THROUGH THE SUMMER. 1 I - - III '' • IF ROOTS OR UMBS ARE CUT OR DAMAGED,HAVE THEM INSPECTED BY.AN ISA CERTIFIED ARBORIST AND I 6 IS6 REPAIRED OR TREATED ACCORDING TO HIS/HER RECOMMENDATIONS I 1 • • • PROTECT THE TREES FROM EXCESSIVE HEAT,LE,EQUIPMENT PAVING AND/OR BURNING. ill �� - • AVOID TRENCHING THROUGH THE ROOT SYSTEMS,BORING UNDER THEM OR HAND DIGGING CAN SAVE PROJECT NO: TSDB/0t00 �� I E • t X • ROOTS • 1 DATE 'II/07/08 ' I' - �,+��, A') X - . • CONTACT THE ISA CERTIFIED ARBORIST FAMILIAR MTh THE SITE PRIOR TO AND DURING ANY ACTIVITY I I I • ",' _ �^ WITHIN THE DRIP ZONE OR TREE PROTECTION FENCING FOR CONSULTATION. - DESIGNED�' CBM •- - DRAWN BY: CBM I 411.111 . t AFTER CONSTRUCTION - CHECKED BY: AMR-° / � � • CAREFULLY LANDSCAPE THE AREA UNDER THE TREE,BONG CAREFUL OF THE ROOTS AND STRUCTURE.• I I I .� fillip"( --`�� _ USE PLANTING THAT WILL LIVE UNDER THE SAME CONDITIONS AS THAT OF THE TREE . •I _ �1 f _ NEW PLANTINGS IRRIGATION /WVE CAN SPRAYING BE ENOUGH TO KILL MATURE AMOUNT TREE IRRIGATION NEEDED TO KEEP EXIST/DEMO• • I / I I V • • DO NOT COVER EXISTING ROOT SYSTEMS WITH MORE THAN 2. OF SOIL THE MORE SOIL YOU ADD, THE - ��• - GREATER THE CHANCES OF DAMAGING THE ROOT SYSTEM. • C./ • EN M■ r — r • MN NM IIMI MI IIIIII • MI NM NMI MIN mu 1 �� 1 o I N 1 I 8 � , o2 i I ----__-------_-----__—_---------_----------_-----•_—_---_—__----_---•—_•—_ TES , i j j i I I so I g j I To Z . z is, y l 1 NI4I m l 1 I Tii586 .,u1 o ff 418 y j h 1 ; I j I i I 1 , 11 I 1 ,i i I � I f g 50115'53'W . I + I ^� 152.99' °'rny I I NP O� 1 I S 207.33' S01'I5'S3'W I I �\ 123.86' !. ` I III I - - � g I I ill r 0° `\ j II I °o5, 8 1 I s i II fSW 79TH !AVE z I j II 1 , I 0 \I/ zi- 00 1 ° BOUNDARY ADJUSTMENT W R G E) ER PARKING RECONSTRUCTION o E 9 16 N I NC. c, z METZGER SW Westgate o1,Ste 100 Portland OR 97221 o .Co 1. a TIGARD-TUALATIN SCHOOL DISTRICT #23J TeL503.4192500 Fax 503A192600 TIGARD, OREGON . I II a 0. pi a n Z 0 a I/ ( COd — m I I /'/ ".NI / SCALE. 1'=f0' \�� �;`\ • / f0 5 0 10 m SO p„ 1 �/- / CONSTRUCTION NOTES alom CONNECT TO EXISTING STANDARD CURB /� / 0 / © CONSTRUCT ASPHAT VALLEY y I • / USE EXISTING ASPHALT EDGE AS BUTT JOINT �� / © CONSTRUCT STANDARD CURB X/ � / - 0 CONSTRUCT CHAIN LINK FENCE, / 'I- 1!:11 �f' III x� I ,B' n Z I' I I R5.00' / - t0� I i I 111 _ a % AC PAVEMENT © © R5.00' / 4"DENSE / . i 18' ±25' 1 / - - Z U 1 I / _ _ 0I p., , ///( �. 'poi ` ` ` 'per W p I ° ,� / n.I.��al:n.�C°—Ih1(nll:=:ICn. CC 1 / ,=,L�,1-1 11 a AGGREGATE BASE R O N R5.00' ° / In. 3/4° /,O CONCRETE AGC. C/ NOM. COMP.THKN. 6" v O il 18' °' / EXISTING GROUND Z I I [ I 17' C y—ri/ T 1 ` R5.00' Z 1 Iiii I �' e Z Z W D C7 II I R5.00' /6 ° W ,r J �' p / � k I ,B w Q F W 0 0 �/ \ / R5.00' N 1 _�- I I\ [0 I 17' .. - I I 1 1 B' b R5.00' -11. _ I P PROJECT NO: 780870160 1 X X---_ DATE W07/08 I x DESIGNED BY CBM DRAWN BY: ' COM I I . CHECKED BY: AMR I I I I I SITE . I PLAN i ,I I C3.0 p P. c 1 CO d 1 - it i j %///// �� Z 1 koa ° / Mr I /0 5 0 "l0 W / cmJ\ / I // I . INIIIIMMININ IM INNINE + /" 1'-- EROSION CONTROL LEGEND '� {� _� // / SEDIMENT FENCE —7�'�)a—X% X X #/ 154.66 ill' 154.14 9 V ° / ' ��� / w I 1 INLET PROTECTION /X/ ILIII 3 till RIM=153.90 a ' 1„) _ 1 4 O y 154.62 154.23 . II ° _� M I 154.19 / C N 1 1.7 I ° / . . . (' H II 154.64 154.45 Z m ° , 0 c I I� 3% o� ° / U cn s�L 154.63 / gin / CC I 154.45 O Il �J % Z 02 I i - IrI ^ 1 154.96 154.57 / Y N }I 1 11 391 ° S; /// Z \ III �� 154.91 154.51 Z a ASS I `I I I Illiis RIM=154.41 .° < w -I W III s t� C� o CC � , 7 ,54.66 F--�1 _cc d � . W !rt a i III 1 3R of 155.11 CC V.)�j v "I 1 155.50, (I __ ♦ __� III , 1- 155.17 i -IF /\ 7,5.s C® i1! : p15556 15660 I 93 I 1 I 41 i ■ " _XX - ----- PROJECT NO TS0�L� � I • X X�_ �_ OF8(NED BY: CBM DATE ORANN BY: CBM Ci�C1�0 BY: AMR 1 '�� GRADING I w •��� PLAN HT1 I •. X X Z ui. gee • o hi I SW DURHAM ROD III -6°0 1 -- _ as . ' • . • •{..,• cl,() )0 0 I 'Al . 'EXISTING I LANDSCAPE ao z TO REMAIN , . - p I . '^ 0 L7(ISTING D •M LANDSCAPE M 1 •• • I TO REMAIN r-- _ ® a z . ® ® I ////////////////////////////.{ O • ® CO) �_ GSGNO �X�51G S 9R ® Q I -I J . iX n. 0 O .� p:G:A;J O I I, "``" `"' GENERAL NOTES: LANDSCAPE PLAN ZL 2 0 ,F/ iip--A.,,,,.. 'I. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABUSHED UNDER CIT'OF TIGARD PUNNING r V, / rE-° METZGER PROPERTY Dom. Z Q Y- 7800 SW DURHAM ROAD 2. ALL PLANT BEDS SHALL HAVE A 3•DEPTH OF BARK MULCHZ . / 3.. LANDSCAPE AREAS SHALL HAVE A COMPLETE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM WITH FULL J r �(r;$:•:$f,♦,:a: ANTICIPATED LIMIT - HEAD TO HEAD COVERAGE. A Q DURHAM „:,.::**:.........:•.•, OF DISTU LL •��•1••'•' DEFINED BY AREA 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION J Z ELEMENTARY e::t.<:;•:•: < 0 7 ti T.�r�`y:;. OF PROPOSED STALLS BTANDARDS. SCHOOL F•:;:';:,., PROPERTY 5. CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FOR ALL PUNT MATERIAL SUBSTITUTIONS FROM THE w E '41 / LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.PLANT SUBSTITUTIONS WITHOUT PRIOR WRITTEN < 'R L LLI ,, APPROVAL THAT DO NOT COMPLY WITH THE DRAWINGS AND SPECIFICATIONS MAY BE REJECTED BY THE (\,1/7 r I O LANDSCAPE ARCHITECT AT NO COST TO THE OWNER THESE ITEMS MAYBE REQUIRED TO BE REPLACED WITH U 0 0 u r:' '' ? TREE 70 REMAIN(IYP): PLANT MATERIALS THAT ARE IN COMPLIANCE WITH THE DRAWINGS. r'':;.;:• PROTECT TREE DRIP LINE 0 Q �% • •• DURINGCONSTRUCTION M PROPOSED FENCE 4(4 - Z.w 0 V i : _1 .. F- �RELOCATED ROCK PLANTERREPLACE ROCK WALL PLANTER MID %:: } J EXISTING DECIDUOUS UTILIZE EXISTING RAMS TO THE _ ;};';,:; 1„J TREE TO REMAIN(TYP) _ GREATEST ocrENT POSSIBLE :<?;:.i,. ;'. EXISTING LANDSCAPE f'^ % �a,GIST INFILL AS NECESSARY WITH U10= : }G .'. •`C”TO REMAIN(iYP) -- �i 5 I PLANTINGS TO PROVIDE COMRJTE -� NOTE: -' SCREENING REQUIREMENf3 ALL PLANT MAREAS D IN AREAS BY OIED BY HATCH AND ANY � �R%A ADDITIONAL AREAS DISTURBED 8V CONSTRUCTION ACTMTIES ` TQCHAEL •:.••••••; EXHIBIT B - Application Form T • CP 61 10 ) • • • PRE-APP!1 IDJ r i\ p P1 11 CITY OF TIGARD PLANNING DIVISION ° NOV 2 4 2008 ;',f - LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR. 97223 ���� �� � � TIGARD Phone: 503.639.4171 Fax 503.598.1960 I°LAJ 'Al n�''w�`aE��i6C' File#JCpA 2008 _000o Other Case# to,f-31300 7i Nim Dz �- u2(e v MS 142a8-w01(e, -1-074 l Date I "IVY IVY /Q I By K'S-P Receipt# S 315 Z Felinfing Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmentNariance I or II) ❑Minor Land Partition(II) ®Zone Change(III) ▪Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) LI Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) • ['Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ['Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) 7950 SW Durham Road TOTAL SI FF SIZE ZONING CLASSIFICATION 2.8 Acres R-12 HD APPLICANT' Tiggard-Tualatin School District 23J MAILING AUUKESJ/CI rY/S IArE/ZTP 6960 SW Sandburg Street,Tigard,OR 97223 PHONE NO. FAX NO 503-431-4007 NA PRIMARY CONTACT PERSON PHONE NO. Rob Saxton 503-431-4007 PKOPIKI Y OWNER/DUD HOLDER(Attach list of more than one) Tigard-Tualatin School District 23J MAILING ADDRESS/CITY/STATE/ZIP 6960 SW Sandburg.Rad-Tigard,Oregon 97223 PHONE NO. FAX NO. 503-431-4007 NA *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. KUN SA JUMMAKY(Please be specrtic) Trhe�ppthcant requests a comprehensive plan amendment and zone change on 3,153 square feet of property from the Residential R-12 zone to the industrial I-P zone. This will allow the 3,153 square foot area to be transferred via the requested lot line adjustment from the Durham elementary school to the Metzger property to be used for parking for the business park. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. i:\curpin\masters\land use applications\land use permit app.doc E APPLICANT SHALL CERTIFY THAT: • If the,application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. t , va/or Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date (( / 1/r Applicant/ ent/Representative's Signature Date / PP P g Applicant/Agent/Representative's Signature Date Fr • • RECENE - LOT LINE ADJUSTMENT 2 4 2008 l C`.TY OF TIGARD TYPE I APPLICATION� i3 ,� ERI��G °. City of Tigard Permit Center 13 125 SW Hall Blvd., Tigard, OR 97223 T I GARD Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION PARCEL 1 Property Address/Location(s): 7800 SW Durham Road Tax Map&Tax Lot#(s): 2 S 113 BA 200 FOR STAFF USE ONLY Site Size: 2 . 50 Acre s Case No.(s): /L -s 2,v o$- U�c-,1, Other Case No.(s):Cpi t o 'S 0-z) /3 , "IQ N -c ,7 Property Owner/Deed Holders)* (Attach list if more than one) M M o'L yg-Cb02y, Address: PO Box 400 Receipt No.: 2g_ 3172___ City/State: Sherwood, OR Zip: 9 714 0 Application Accepted By: /•--.3.t Primary Contact: David Metzger, Metzger Ventures, LLC 1 Date: 1/Z.i/ak Phone: Fax: Date Determined Complete: . : PARCEL 2 •7950 SW Durham Road Rev. pl Property Address/Location(s): is\curpin\m asters\land use applications\lot line adjustment app.doc Tax Map&Tax Lot#(s): 2 S 113 BA 404f-"1-1'1-1 01 i Site Size: 2 . 79 Acre s Property Owner/Deed Holder(s)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: 6960 SW Sandburg Street (Note: applications will not be accepted City/State: Tigard, OR Zip: 97223 without the required submittal elements) Primary Contact: Rob Saxton, Tigard Tualatin School District Phone: 5 0 3-4 31-4 0 0 7 Fax: ❑ Application Form I ❑ Owner's Signature/Written Authorization Applicant*/Agent: ❑ Title Transfer Instrument or Deed Address: 6960 SW Sandburg Street ❑ Preliminary Map(2 copies) City/State: Tigard, OR Zip: 97223 Rob Saxton, Tigard Tualatin School District ❑ Site/Plot Plan(2 copies) Primary Contact: g Phone: 503-431-4007 Fax: ❑ Site/Plot Plan(reduced 8'/:"x 11") ❑ Applicant's Statement(2 copies) *When the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization ❑ Filing Fee $478.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. • PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: 2 parcels of 2 . 5 0 and 2 . 79 (number) (acreage or square footage) into 2 parcels of 2 -57 and 2 . 7 2 (number) (acreage or square footage) rL. • • ' List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: This application is requested together with applications for a Comprehensive Plan Amendment, Zone Change and Minor Modification to Site Development Review. Separate application forms are provided for those applications . APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this ' 4 st h-• day of )24-4514444-41-51 ,20 C g / / A I % 4/ Applicant/Authorize Agent's Signature Owner's Signature Ii ' , ,il t1 er/. , Owner's Signature Owner's Signature /2002 13:12 5034192600 •• WRG DESIGN INC PAGE 03/05 •• • , List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: This application is requested together with applications for a. Comprehensive Plan Amendment, Zone Change and Minor Modification to Site Development Review. Separate application forms are provided for those applications . . APPLICANTS: .__„. . To consider an application complete,you will need to submit ALL of the$$QLattEl ENTS as described on the.front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement lnfinmadon sheets can be obi;tincd,upon request,lo,all types of Land Usc Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above;e_t.ucst docs not V lax 0111N c d cestrictioins that maybe attAcbed to or imposed.upon tht`a)tkjcet_pxopcxp-, • If the application is granted,the applicant will exe.Keise the rights granted in accordance with the re+ans and subject to all the conditions and limitations of the approval, • All of the above atatemenrs and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements axe false. • • The applicant has read the attire contents of the application, including the poli.cics and criteria, and.undcrsrrnclt the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATFD thi.a Y day or 9/%4.i— ,20 U _ Applicant/Authorized Agent's Signmture Owner's Signature r Owner's Signature Owncr'a Signature • • • P • • G ovt,D • �� o MINOR MODIFICATION Nov 2 4 20 s q Qt T+G E Fi 111 TYPE I APPLICATION GIT (iO� �w tii AP ! al City of Tigard Permit Center 13125 S V Hall Blvd.,Tigard,OR 97223 TIGARD: None: 503.639.4171 Fax: 503.598.1960 11.A modification to the conditions imposed at the GENERAL INFORMATION time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Property Address/Location(s): 7800 SW Durham Road Tax Map&Tax Lot#(s);2S113BA00200 Site Size: 2.50 Acres FOR STAFF USE ONLY Applicant*:Tigard-Tualatin School District 23J 6960 SW Sandburg Street Case No.(s): M Y3' 00 O 2- Address: g cPA Loo1�'�O0/3, Zor►7,ctP Tigard 97223 Other Case No.(s); _ "saza City/State: g Zip: cb-o0 of . Primary Contact: Rob Saxton Receipt No.: Zang_gq 92 phone:503-431-4007 Fax:NA Application Accented By: ) ' S ( Property Owner/DeedHolder(s)*: (Attach list if more than one) Date: It I C"1 Metzger Ventures,LLC Address: PO Box 400 Phone: Date Determined Complete: City/State: Sherwood,OR Zip:97140 Rev.7/5/06 *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted PROPOSAL SUMMARY without the required submittal elements) The owners of record of the subject property request permission for a Minor Modification.To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed ® Application Form within Section 18.360.050(B)of the Tigard Development Code.If the modification exceeds the maximum allowed under any one or more of the following criteria,a Owner's Signature/Written Authorization Major Modification review is required. Major Modifications are processed in the ® Title Transfer Instrument or Deed same manner as a new Site Development Review.In a separate letter,please address the criteria below contained in Section 18.360.050(B)including a detailed response to ® . Site Development Plan(3 copies) each criteria. ® Site/Plot Plan(reduced 8 1/2"- 11") 1.An Increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. ® Applicant's Statement(3 copies) 3.A change that requires additional on-site parking in accordance with Chapter (Addressing Criteria Under Section 19.360.050(B) 18.765. ® Filing Fee $562.00 4.A change in the type of commercial or industrial structures as defined by the " Uniform Building Code. 5.An increase in the height of the building(s)by more than 20%. 6.A change in the type and location of accessways and parking areas where off-site In addition,the Director must find that the proposed traffic would be affected. change complies with the underlying standards of the 7.An increase in vehicular traffic to and from the site and increase can be expected applicable zoning district.To complete this review, to exceed 100 vehicles per day. the Applicant's proposal must include a discussion 8.An increase in the floor or area proposed for a non-residential use by more than indicating how the site expansion will continue to 10%excluding expansions under 5,000 square feet. comply with the minimum setback, building height, 9. A reduction in the area reserved for common open space and/or usable open parking land landscaping standards. Other applicable space that reduces the open space area below the minimum required by this code requirements such as minimum Clear Vision areas or reduces the open space area by more than ten percent. near driveways and street intersections may also be 10.A reduction of project amenities(recreational facilities,screening,and/or, applicable depending on where the building landscaping provisions)below the minimum established by this code or by more expansion is proposed to be constructed on the site. than 10%where specified in the site plan. • • PLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications) THE APPLICANT(S)SHALL CERTIFY THAT: + The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. + If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. + All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false. a The applicant has read the entire contents of the application,including the policies and criteria,and understands I:h requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this ' day of Poo eft v ,20 0 f / / I eA A 1W./ Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 13:12 5034192600 • WRG DESIGN INC PAGE 05/05 • APPLICANTS: 1'o consider an application complete,you will need to submit ALL of the EOUIRE.D SUBMITTAL ELEM NTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of.Land Use Applications) THE APhLICANT(S)SHALL CERTIFY THAT: + The above request does not vi rte any deed restrictions that mgLb_c attached.to or i,Jtrposcd upon the subject property. + If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. + All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith; are true;and the applicants so acknowledge•tharany permit issued.based on this application,and may he revoked if it is found that any such statements are false. 4 The applicant has read the entire contents of the application, including the policies and criteria,and understands die requirements for approving or denying die application. SIGNATURES of each owner of the subject property. DATED this .5'/ day of 4, 20 O Q( ' - -wit= Owner's Signature Owner's Signature • • Owner's Signature Owner's Signature • • 71 a CITY OF TIGARD 12/1/2008 „ 13125 SW Hall Blvd. Tigard,OR 97223 503.639.4171 TIGARID; • Receipt #: 27200800000000003992 Date: 12/01/2008 Line Items: Case No Tran Code Description Revenue Account No• Amount Paid CPA2008-00013 [LANDUS] Comprehensive Plan 100-0000-438000 7,742.00 CPA2008-00013 [LRPF] LR Planning Surcharge 100-0000-438050 1,144.00 ZON2008-00007 [LANDUS] 50%Joint App Fee 100-0000-438000 1,394.50 ZON2008-00007 [LRPF] LR Planning Surcharge • 100-0000-438050 ' 205.50 • MMD2008-00026 [LANDUS] 50%Joint App Fee 100-0000-438000 250.00 MMD2008-00026 [LRPF] LR Planning Surcharge 100-0000-438050 37.00 MIS2008-00016 [LANDUS] 50%Joint App Fee 100-0000-438000 208.00 MIS2008-00016 [LRPF] LR Planning Surcharge 100-0000-438050 31.00 Line Item Total: $11,012.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check TIGARD-TUALATIN SCHOOL KJP 148523 In Person 11,012.00 DISTRICT NO. 23J Payment Total: $11,012.00 • ckeccipi.rpi Pagel of 1 EXHIBIT C - Property Deed • I • • •1 ) 11-; e Fidelity National Title Company � 1 , . Prepared For: Prepared By: Nima Patel Information Services Department I 1001 SW Filth Avenue Suite 400 - Portland, Oregon 97204 Phone: (503) 227-LIST (5478) Fax: (503)274-5472 E-mail: csrequest @fnfcom IOWNERSHIP INFORMATION • Owner : Tigard-tualatin School Ref Parcel Number : 2S I3BA 00401 I CoOwner : District #23J T: 02S R: 01 W S: 13 Q: NW QQ: NE Site Address : 7950 SW Durham Rd Tigard 97224 Parcel Number : R1497428 Mail Address : 6960 SW Sandburg St Tigard Or 97223 Telephone County : Washington (OR) SALES AND LOAN INFORMATION • I Transferred : 10/06/2003 Loan Amount . Document # : Cf4754 Lender . Sale Price Loan Type .• Deed Type Interest Rate %Owned Vesting Type IPROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION •Map Page Grid : 655 F7 Mkt Land Census Tract : 308.04 Block: 2 Mkt Structure .• I Neighborhood : DMTG Mkt Total Subdivision/Plat : %Improved • School District : Tigard M50AssdTotal .• I Class Code • Zoning : R12 Land Use : 9202 Ins,Public School District Levy Code : 02374 Legal : ACRES 2.80, NON-ASSESSABLE 07-08Taxes . . Millage Rate : 16.4706 I IPROPERTY CHARACTERISTICS Bedrooms Lot Acres : 2.80 Year Built . Bathrooms Lot SqFt : 121,968 EffYearBlt . IHeat Method : BsmFin SF : Floor Cover : • Pool BsmUnfinSF: Foundation : Appliances Bldg SqFt : Roof Shape : I Dishwasher RoofMatl Hood Fan UpperFlSF InteriorMat : Deck Porch SqFt : Paving Matl : Garage Type Attic SqFt : Ext Finish .• Garage SF • Deck SqFt : Const Type : I This title information has been furnished,without charge,in conformance with the g uidelines approved by the State of Oregon Insurance Commissioner. The Insurance Diusion cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I • • • 1 • • ri 11111 Fidelity National Title Company of Oregon 1 .,., N me ) W E / Map # 2S113BA 00401 s 1 The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. 1 Nbri-rairmrr —_ - 't� ti! y441nV,"yOY,tim2ssiy Z+niy026.k\titltiti1.viNN 1�t4 Fiil1ttiRiti VI, 1 1 II 's f• +•\ , I • to 9 a +` ,a • ... a �. IIIII �t +'...../t )t 4 /'�`aY Jt �4M1 4 I '1<,,,. �� V .r' %�' : , '+y a): ` "411 , .}a .• 0. rr .•c .. I MI .• ,'sr .'5 ';4 . J▪ S:i<:ta A `t 40 I • :� Ca,. ;;-'tee--+ —.•fit + a ae�t�' •t .0 f ,C h «< 1 'IMO ,.a t / a y a 4 r t` T ` C ► � •+�� ,'( ▪'�`ia++i..��` �C� � Y. TL S--�. IMP �'A►aY- , 1t + a . + i , a i, `�+ to 'Y '•, )L ss'''',i'''.`.4: ' '• ',.! '4."," sP: ii,,SZ . .'`t '``a A• . • 0 I + ' %i` Ia ''� K '' ')1 f `Sa Y�+ ,}a `4• + SAG .as +� .tea .�� +it, :<+ `^'�+"., '! fYt PtiN 1 IthEn A C +fa .. Jat >tt +)i .:t Lot �Edy ,Y'i,)``•` ''. ���+t'�; „'r'x 'y r ,,I`_9816——^I I 1 r,'''a ' If, X ;':.' r% '• .--' I ,• 'l.�, +g:,I:�+ .+v,'.„4`o rf - I g I //t, . 0” I ♦'tea++4th•)♦ +' t +i yj• ▪Y•,', .. t F t.�Y., +.a /.... yy 1 .�, :,-. ' aF+ r?▪ a, rye �I(rf 1 L -.—""'Iktflh. 5 • `r ,• '• a. j )1 . c a ;.1.•,... •tia` ,Aa + t , 1.g,• + ii 4. 11i a + ,[ l :'X g;<..•.:'CINd'A/s;<• 9 \\ i ' t , t. ` l ; ,C t'+ a „Lk,et,,. .,'....:• 41_, ''''L/'`Cr▪''se ./..scr?S%kil% ,{7<'; ~` tea.�• a `,r' '1V t� I .--•--.nmrgGik:&4r�141•• zyt , -- . . . __ �:-.,:. r;:?Z,•1-4. ,. 5 .. ., - __ -ate .--- ''1� 'i� •`;'7.;,t •': tip}'r' -- -- .li' jf+" -tv?} r4p'4�sy•,'J.„‘,'i , _.'.):.'.fl.., Ft,:{:..:.::7-__ _.•I 4, .i ,.},b4-F w'E.Ii 11i ,:•? :.., ,;p. !h.,,,....,.r. __- . :• r M 's' ' TICOR TITLE 10 TICOR TITLE INSURANCE 88-35795 Washington County • STATUTORY WARRANTY DEED 4.:�r- HAROLD HAMBACH and /GLARED HAMBACH c.Ati •')� conveys and warrants to ()rumor, �,•.._.• TIGARD.SCHOOL DISTRICT NO. 23J tar:.•.. • I •`r \/ Grantee, the following described real property free of encumbrances except as apcclfically set forth herein situated In r._ In WASHINGTON County,Oregon.to wit: .c.,:,=. See Attached Legal Description r-iuL y_. 6":4w_• rs . i.v, t THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI- ,'' :.i:' CABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIR- ;,:rif^,; ' I •,�':A ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY9lt OUNTY PLANNING DEPARTMENT ! TO VERIFY APPROVED USES.The ssld property is free from encumbrances except 190B/U9 real property taxes, a �Y ,i lien not yet payable; statutory pavers of Unified Sewerage Agency of Washington t ti:.:.. ;,I County; as disclosed by tax rolls, premises herein described have been classified for 1 _.^: • ;.5:i farm use and may be subject to additional taxes or penalties and interest if ;:-'6*`--; l :'.;;A disqualified; agricultural services liens or financing SEE EX}IIBI^ 'A' The true consideration for this conveyance is S 265,000.00 (Here comply with the requirements of ORS 93,030) V"-=--- " � Dated this 12thdoyof August 19 88 _./ `,�; y�/ 2:� HA OLD �HAMBACH __ I / / • '-,G' �c � �-�G'--ff1/try ,t_.� MILDRED HAMBACH "s il` `r Slate of Oregon,County of Washington State of Oregon.County of -_.__ • `.s The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this 12th day of August 19�_by _day of 19__ by 1:'! Haro d Hambach and Mildred Hambach -- Presidcn(and I ^.s ,�; Secretary or =" "' ■ corporation, s 1 on behalf of the corporation. -- '-.;1 Nolary.Public for Oa _ °!s My corrimislio x r>•• 6/9/90 Notary Public for Oregon - "' i ' (j l: '; .• My commission expires: __-_ . WARRANTY DEED This Space Reserved for Recorder's Use - HAROLD HAMBACH MIL•DRED HAMBACH r:NAHlllx —..__._._. `:a.I TIGARD SCHOOL DISTRICT NO. 23J aaAYllr ' Until a change is requested.all tax statements shall be sent to the following address: - I TIGARD SCHOOL DISTRICT NO. 23J =__ ,. 13157 SW PACIFIC HWY. �: TIGARD, OREGON 9T223 Escrow No. 139595 Title No. 34-139595 _. After recording return to: I 0 TIGARD SCHOOL DISTRICT NO. 23J 13157-SW PACIFIC HWY. _ = TIGARD, OREGON 97223 •• I = Ttcor Form Na 137 Statutory Warranty Deed 8/8S / —• ..-- .tab 1,Y :,P ,7i;:,�•:`I r• . .^,,'�: "ri!: •°li��. .1'q' ,•rt!, _ ----- - _x_.p••4i,.,].t, .. .,,.J,v.,;,r ... :. . •:`a r.c;.p,.)d'r ¢��'��,Lr;,. - r s� -r ,41.q.4.,;,.7.7,7— I �v, _..... _..,. ;i�!`,.ir,):..'"i%5.. .+. r.t ., t--i,r_..;v,;..a,,' :1 5 "i rv., +,' t3$ rppL •I e• :i[:, ':1:: '.'C•! c. �'��1'' ;�. � ..u:a .,.o�- : l ' Y{• 'v.. aa, ._ � r1'ti ,,.a.T, r:r..-- - {p) ,vy ` :a:�^ �5--", .(�I' '!�'�•�if, N+Cfi1M liM..1M6RitlI. _—... -w efiAJr4 'F is!).. '1� . ]•jy�jy _ '�♦,i.l., n4'�I. cY_ 1A•a •.f 7, �. h r.+ F !, .1 i:� •.'sue:_•:^.`•. 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I! 4.'`.t, :)_ir�f.U::vsv__':�:_: :-.----' s.:•c• .:�'::•d,.,,!r,. •i,\,_ "ay' pi-' ?.,'':',1,. (. 'a�;; ✓'. r, i,j ,r,rf Lr.:lr �ry�' --- , ,r.. a:,+rrp Y„ :y�...- ..r,-'. ....; ii s :n.•::.,.: .�i,r, 1. �.. n1� ...'.___.._r-"- `'�� �7ins,:+owai,i.�r= ) .9�: :i(q: :SfrrEUef.:.,f �',P�ia,{T�`:T.!':!!?L�=�- •• . _i111) _7•:a.,,51•li u.:11'? ui. _ �'t•':'-t!?j,l:-Vi__�..• _ . _— lt. 1` '.k:,•; n•r ... • -- °t' liar---_ ,riiai,mi.-a va-bstr ��(�.M `'��`: . .�.�i"` ..._.. •;i"ti�^ r IY 1 11''1,: ..... ..,�- (Jr�r — . . .. .'!'•' .,It:l: ... I _ •.itC...4='':p'' 'I ;.4.:.•. :, • l `i;%I:r^.;.•k. ��1 '�-"1r{ft".i': f^ll:f� �.h. .,r,t, :'f: ,• :y.: ,.•,..'.....::.:r.. .. rt.,Li. t;y, ,1' c. ::,.?1A'4••r•,•;:t '•'' ;-. 'iCr. ': . �-•""'"r'V/ll] skis ll�iiRes4tN• 1 f•:'rf�:•dl �'' _ ,...•LJr.�3•'..r-_--. , .+1r�swm,.A3 'tiiYMW'd.n.{ /rn1 :f•' :•',� � � _ '•�.. _...._._..._.. ,;iJI pu ;t. ,t:t:.CK'�61:/osr�ne'te d. •■•• •1T c ;�."r ;5�,�(1;1,n, r, ...,..,::s: `:l;;ri$+••rX�;y: •,r!;;:2i.+ _ - .f r.: .*�•I�'�. r l•'• '1t";a p • u.,:c. :{:..', .i _'4 :7!, .•.Jli •.• . �. 1.••:.•-.•. _-__--..• tom, ' .. ..., . ,.. _•tl'x'l.• 7A , Z, .JA. � ,n• ,,,.lF.tn I .. ..' n.'r : .:••....:: •;, , , .'• . . -..._ .,.. -_.eel _, !F6.,/LT2: _. -...._..._. ___ _._.. I A tract of land in the Northwest 1/4 of Section 13, Township 2 • 4; South, Range 1 West of the Willamette Meridian, Washington County, I ;w- ' Oregon and being more particularly described as follows: I'; •:i ▪P'; Commencing at the northwest corner of said Section 13; thence ,:. a: North 89°37'47" East along the north line of said Section a ..,�. ='�; distance of 1584.67 feet to the Northwest corner of that parcel of r,7 = i.I land conveyed to Ralph D. Durkee. et ux, by Deed recorded ��':�= s% September 8, 1959 in Book 422, Page 100, Washington County Deed n.:;,_' yr Records, said point being the Point of. Beginning of.the tract j'`-- ':� • herein to be described; thence South 0'22'13" East along the west }:;i'::- line of said Durkee tract, 519.50 feet to a point in the North line 1.1 %='. of that tract conveyed to Portland General Electric, an Oregon r` ,J` Corporation, and described as Tract II in deed Book 967, Page 562 `_� and recorded March 22, 1974; thence South 89°37'47" West along said ;,1;�:, •"'`t "r North line of said Tract II a distance of 242.67 feet to the r'- I sill southeast corner of that parcel of land described as Tract I in ,, :.- :i:ti�, --said Book 967, Page 562; thence North 0'22'13" West 519.50 feet to =_:—:. _y:1f the North line of said Section 13; thence along said north line e'"�_T North 89°37'47" East 242.67 feet to the Point of Beginning. ° . .1: O.v�,. T;,• Said tract is SUBJECT to the rights of the public lying within the __: ;;;:�i right-of-way of S.W. Durham Road. ." Ii c•: ::t. 1DlHIBIT 'A' I II =_= DEED EXCEPTIONS :r �; r _::_a' statements covering crape, if any; rights of utilities to service existing lines; , ,:11 unrecorded easement for water main 1I! • - a . -_ I .;,+`!i STATE OF OREGON County of Washington ) SS -- :Alai I,Donald W.Mason,Director of Assessment =_ 'AYi • and Taxation and Ex-011icio Recorder of Con. • ''cs voyancos for said county,do hereby cortify that -_,;{ the within Instrument of writing was received »4: and recorded In book of records of said county. • ?; Donald W. Mason, Director of „., I Assessment and Taxation, Ex- ''1 Officio County Clerk • ='? 1988 RUG 15 AM 9:4® ff.-1,..7.E. •:t�:1og - ,==4;•.:73M;,77-7c777-7,,-77:-.7, •— i' �r t, Y. 4•. '-TP' �,iii •• _ _ i -•- .nt r,�1,i•i''..,r („ r �: {3 �v):<:;.�;7ti+ .R?F;'.4{�',yfjv:=�p:.�:::.. 1 !I 1.:7 1. :ti�,, �.;': r.jtr'K' `N;" :(t yam., ...`..,...,....• .-. : r ::• ... .... .: __. i. . . - — ':� Z�+1. �dt _ (/:4`_ �4• ,:�di: - ,..•a:• : ; 4 ' .nr,. 1 .0:+ l rs l ! 'r- •r .-. '..d).^.,71•... ,*.,_ , ,v:. Kv;A:r ... .96 .1 � • : �+'r';°ti , : :, • ,4 a,. t:11;6K+41. = • • • • I IIIII Fidelity� National Title Company of Ore g on 11 11 N I Map # 2S113BA 00401 w E I The drawing below is copied from the public records and is provided solely for the purpose of assisting locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. I 2 6 1• 1 aaa ■ = At. •.;* * 04!* '�. 1* + `4 +. 4o4* Al ' : *� eit ►4,404'4; .-.. t+' + ::.APit 01 ••-.. --.4-0-004444. . gii,.,,,e,,td..r.e.o•+*Arze4*,oyt4,. '' 11-**.X.V-'4 . 1 .'.::..' ,mb-4.70 447,4e,c+A'4+4:444-.A.L++._4441+.4.0-741.4 ! rit,10 1 .', . 4e, Mt ____,,,NW--,- ,i Jil. 7 ., iiitio,. .&•„..mt,,,,,0 Ao• r. . ' .i*• ,.+ mss; s �' � .+ j.,Tri. !+,' ' . :VOA , f f;} **fir .+ i f, "'��• I �n ��, 23-7 it ti-41440,04,; �' ♦ aka I ►t * i }#�#�f+ d li 1�1 T'+ t•41....4--4,::1 F .# #,i { I "'A i Syr :* } + i�,♦*+ :'`11 „sue 1 ..4/tRoNfairiO. J I PPS d$WA * # 0,f04 . , 40 10 b*Wite: � • * i ,*►'E I ' # ,# 3?1o' .-r y l *+ *s.'r eA KY 4*011,-$4W1 eff '..4 0 0•44 pA+ ,A 1 I, k teow.e.7.1.-vir.,, - —*-4y4A.4 2S 1159& I • • I • • I • • • I 1 1 omilmil Fidelity National Title Company en I Prepared For: Prepared By: Nima Patel Information Services Department I 1001 SW Fiffh Avenue Suite 400 - Portland, Oregon 97204 Phone: (503) 227-LIST (5478) Fax: (503)274-5472 ` E-mail: csrequest(c�,fnfcom ' OWNERSHIP INFORMATION • Owner : Metzger Ventures LIc Ref Parcel Number : 2S I I3BA 00200 • CoOwner T: 02S R: 01W S: 13 Q: NW QQ: NE Site Address : 7800 SW Durham Rd Tigard 97224 Parcel Number : R0514054 Mail Address : PO Box 400 Sherwood Or 97140 ITelephone County : Washington (OR) • SALES AND LOAN INFORMATION ITransferred : 06/08/2000 Loan Amount : $1,325,000 Document# : 45176 Multi-parcel Lender : Safeco Life Sale Price Loan Type : Blanket I Deed Type : Bargain & Sale : 100 Interest Rate : Fixed Owned Vesting Type IPROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : 655 G7 Mkt Land : $855,860 Census Tract : 308.04 Block: 2 Mkt Structure : $2,296,180 I Neighborhood : Y15 Mkt Total : $3,152,040• Subdivision/Plat : %Improved : 73 • School District : Tigard M50AssdTotal : $1,981,590 • I Class Code Zoning : Ip Land Use : 2312 Misc,Non-m ,1mprovement,lnd Zone Levy Code : 02374 Legal : ACRES 2.50 07-08Taxes : $32,637.99 Millage Rate : 16.4706 I , " IPROPERTY CHARACTERISTICS• Bedrooms Lot Acres : 2.50 Year Built . II Bathrooms Lot SqFt : 108,900 EffYearBlt Heat Method BsmFin SF Floor Cover Pool BsmUnfinSF: Foundation : Appliances Bldg SqFt : Roof Shape : I Dishwasher : lstFIrSF RoofMatl Hood Fan UpperFlSF : InteriorMat : Deck Porch SqFt : Paving Matl : Garage Type Attic SqFt : Ext Finish . IGarage SF Deck SqFt : Const Type I . This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I • • I 0 11111 Fide ' ' National Title Company of Ore g on N • e/ Map # 2S113BA 00200 ws E I • The drawing below is copied from the public records and is provided solely for the purpose of assisting I in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. „ t t t„t5114...1VFi iI • t ,.Ar 11 i/ tom/ `o/ r two ) ti., I II / t'11 + J t / J ' J t / %.1,J ^ 7:141 k %,......e Jyti �t /r't /�• 1. \ J , J t J .. �, , � � / r T.� t /7'n+ ` J •++I rt J� i • ,):1 • 1 I �f� �, I .1/ S66 AC I roko I I 401 11 •,BOAC Il • ili I h , • *g01 qa0 rd__,-- I , - s4.D� I128 2718751 I I • I 1 j400 11,32 AC I . AMP— _ I • ,. '"" 1 600 / 23 - i I 151 AC / �`` 1 �3 / 1 i I • I i • • 13vAJMhrlllll4 ► PMONANeWwga .aasPORIWnORwM p � � STAT!OP OIItOON 1 1 as Dav>ell C. Metzger_6 Die.tn!_Sr_Metggr_ CautttYofWrehllgbn 1 PO Box 275• 9herTrood OR 9711y4 BM MINN mint Jerry •fi T!4-;;;',...-44.*.a.:„ of AIM* wes Metzger Ventures, LLC tl fa4,..„f \ J PO Sox 275 end ',�.MA;J�-- , ,r=yv. ._�. • said d-ia•Sherwood OR 97140 , f. St:: �' �r�, o/w..a Nom t rN wew Mal RESERVE , ,.. tY�11'I -- David Meth) »,wire••. 1: FC4I 1� PO Box 275 RECORDER*U* �` }11' ./' I Sherwood OR 97140 iN.`L4i '• Of U11a1 laIF.MM,soul M b.YYIII.rIh Y ltlww AKM�): Dsvd Metzger Doc : 20000/5176 Metzger Ventures, LLC Rect: 256263 27.00 1 1, PO Box 275 Sherwood OR 97140 06/08/2000 10:27:47am any BARGAIN AND SALE DEED-STATUTORY FORM meniowiLomplyom David G. Metzger and Dianne S. Metzger .Grantor, conveys to Metzger Ventura, LLCM an Oregon 11T414c4 ADility__AQW,pgny W . Grantee, the following real progeny situated in__WaJ3h1TU;tslo County,Oregon.to-wit: 1 CC See Exhibit A attached hereto and by reference incorporated herein. 0 V I gall' 1 I Q (ir SPACE INSUFFICIENT.CONTINUE DESCRIPTION ON REVERSE) The true consideration for this conveyance is S.0.00** Here,comply with the requirements of ORS 93.030.) ** Acsl_n_ther__8c9d_and_vAlaab.lg_SionsidarAtioTl. DATED JLA L Co _.._209()_____ THIS C STRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN �_ �' - �e� THIS INSTRUMENT IN VIOLATION OF APPLICABLE LANO USE LAWS AND REG . l�I. : , G /ger �- LATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO• ' PRIME CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES Dianne S. Metzger AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. ' STATE OF OREGON,County of. rnk �0 L )5s • This instrument was acknowledged before me on . utur..a- 4 ,._20Il0__, Iby__David_fi._Tletzger_And_Diaune_S._Jiatzget ! ;,_ OFFICIAL SEAL ��I/(11 • LORAL!R.SINNEN 4(ete f 4 . NOTARY PuBuc.o GON Notary Public for Oregon I \"'� COMMISSION N0.307990 — y-- MY COMMISSION EXPIRES JAN.30,2002 ` " My commission expires=__ .01'30 )00a^- I I • • • : TICOR 'MI6 INSURANCE 4'4'MI6 . ~ 1 EXHIBIT'A' T. LEGAL DESCRIPTION A tract of land in Section 13,Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at an iron in the center of County Road No.23,said beginning point being 1871.4 feet South 89°58' East and 89.14 feet South 58°48' East from the corner of Sections 11, 12, 13 and 14, Township 2 South, Range I West of the Willamette Meridian, being also the Northwest comer of a tract heretofore deeded by John Oche and Magdelane Oche to Harry and Elizabeth Hembach by Deed x•; recorded in Book 118 page 158,Deed Records of Washington County;running thence South along the West line of said Hembach Tract 4.30 chains;thence South 84°50'West along the South line of the Mike F.Oche Tract as described in Deed recorded in Book 150 page 454,said Deed Records,5.50 chains; thence North 5.50 chains to center of said County Road;thence Easterly following center of said road, 5.50 chains,more or less,,to the place of beginning. ,n SAVE AND EXCEPT the East 10 feet as described in Deed to Robert F. Swain,et ux,recorded in Book 150 page 453,said Deed Records,and the West 120 feet as described in Deed to Ralph D. Durkee, et ux,recorded in Book 422 page 100,said Deed Records. ALSO EXCEPTING THEREFROM that portion thereof described in Dedication Deed recorded July 5, 1995,Recorders Fee No.95.046429. 1 1 i _ 1 I i 1 1 1 1 • • • \ Fidelity National Title IIIII rty Company.of Oregon N rill: W E I. Map # 2S113BA 00200 S I The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the prem ises or the location of,improvements ascertained by actual survey. I . : : . . ,, .' . ....: �.� ... ' • I I 4 4,•` 60 � k 41: '-'4 '4' '" ....1 01 rte'. .:- •,'. T i► , .e• , 1. u>r - :.:: ipt24 ./A : ' -.‘" . . '47 ' : .N• .• .: . ..4,.Se.:6#' i. $•..5-: $7•41t. A -4•,;. _.>.. • � O . ►'' 4 # — Jam`^ � ))Cie. ' : -(1 -- --.~:,*ter - ), 4 • I i ' ..0r•4 , ,r--ice iI ,*- ..„ __. , �� #"_,,,,„,„ .Al.. ' (• pi' 1114 •-: • 416 , 0. \\... ,. „10,100 . , $ .,,,,,.0 .:: . 4 1 I ... .. 411, ..ii,I 4$1,41%. i km .:.,. ,„. •.„,. .,. . • or \ v.40 1 rga ble .... Ad tsd. aid. fi • WNW I .: \V .'V. I w,4 # 0" _ il 1 .„f - •• 491-,,*.o. .-.,-,0.4., . .4,4414 -1,4•._,,,eit'' *:W. X01 ,. jl +*f*• ' ,5 x 74.1-10.-:• ' • • ..•?“ 44:-#.,fr.if 07- "t• ) .-.. , 4.v. .: •-ti,,,,.444,5,410,4*-. 11‘. ,..404,4s.„?,,,,. \so ... ipotoora-:t4 I ,.: '_,.40'.iiee'6'-‘4P-OLOP4::* AO 4"-7-04- • 1 . t .-#.-4"--:iv"-0-"42EIP."---Zir V- •. 'i---1J r ;glirwe 1 . EXHIBIT D - Impact Study Xrn) \C..) .41) I . i ••• : ! i I W G 4 WO D E S I G N I N C. INovember 24, 2008 Gary Pagenstacher • . '' ; City of Tigard - Planning Department • 13125 SW Hall Boulevard • I. Tigard, OR 97223 • • ` RE: Impact Study— Metzger Parking Replacement . DM ®c Acna Dear Gary, DEVELOPMENT SERVICES . WRG Design has prepared an analysis of the impact the proposed development will have upon public I ? facilities and services. As discussed in this letter, the proposed development will have little if any impact on the public facilities and services in the area. The subject property is located at 7950 SW • ' Durham Road. IL I i This application requests approval of applications for a Comprehensive Plan Amendment, Zone NANO Change, Lot Line Adjustment and Minor Modification to a Site Development Review Approval. The PLANNING applications are requested in order to provide an additional ten (10) parking spaces on the Jackson I Business Center property. 1 : An application was approved by the City of Tigard in March of 2008 to relocate the access drive into s, ". Durham Elementary School. This plan routed the entrance drive into the Elementary School through `t., the Jackson Business Center property, owned by Metzger Ventures, LLC. The placement of this 162 CIVIL access drive eliminated eleven (11) parking spaces on the Metzger property. As a part of the ENGINEERING condemnation settlement for the new access way, the School District agreed to reconstruct ten (10) of the parking spaces that were to be removed. . _ ''',.:.ti : Transportation M : The proposed application will result in the construction of ten (10) additional parking spaces. These IH iC E parking spaces are requested to replace ten (10) of the eleven (11) parking spaces that were ARCHITECTURE E removed due to relocation of the Durham Elementary School access drive. The replacement of these parking spaces will no produce any new daily trips. There are no improvements. proposed to any Itransportation facilities. The request will not alter any of the bicycle and pedestrian improvements in r,,,,,,,,,,, . the area.• Drainage I. LAND i The parking spaces will create 2,515 square feet'of additional impervious area.. The run-off from this SURVEY I new access area will be treated to in the water. quality facility located on the Durham Elementary School property. The runoff will be treated to Clean Water Services standards prior to discharge into Fanno Creek. Please refer to the site plan in Exhibit A and the Storm Water Analysis Memo in Exhibit J of the application materials for detailed information. No drainage impacts will be produced. Park . I The site is not adjacent to any park lands. There are no additional area residents produced due to the proposal, therefore there will be no measurable park impact. Water 5415 SW Suite 1 00 tgaIe or. Suite The access relocation will not impact the water system. The water capacity necessary for the 1 Portland,OR operation of the Jackson Business Center is currently available. No additional water demands will be 97221 i created as part of the proposed development. I PH 503/419-2500 • FX 503/419-2600 I wwv.:vrgd.com • • • • 1 Sewer The sewer system already exists and sufficiently handles the current demand. No additional sewer capacity is necessary. No changes to the current sewer system are proposed. No sewer impacts will occur due to the access relocation proposed. Noise There will be no additional noise generated by the proposed parking spaces. The ten (10) proposed spaces are replacing eleven (11) spaces that were removed due to the relocation of the accessway for Durham Elementary school. The parking spaces will not generate any additional traffic, but will serve the patrons and employees of the Business Center that were coming previously. The parking spaces will be closer to the elementary school property than they were previously, however the 15- foot buffer between the Jackson Business Center and the elementary school will remain to buffer any noise from cars parking in the new spaces. Sincerely, WRG Design, Inc. 1 Michele Simantel, Planner 1 1 1 1 1 1 1 .1 W �:, J G D E S I G N I N C. EXHIBIT E - Neighborhood Meeting Documentation • -1 AFFIDI*IT OF MAILING/POSING NEIGHBORHOOD MEETING NOTICE I . IMPORTANT NOTICE:" THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME I PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard ITigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT &COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. I MAILING: I, M on-€∎‘e ,being duly sworn,depose and say that on the ZyC day of D CLACD\ Q r, 20 _,I caused to have mailed to each of the persons on the attached list,a notice of a meeting to discuss a proposed development at (or near) -V\)c) 5 V'\,J no(ln.{A VV\ �-C ,a copy of which notice so mailed is attached hereto and made a part of hereof. II further state that said notices were enclosed in envelop'es �ainl addressed to said persons and were deposited on the date indicated above in the United States Post Office located at V V v�/ 1 (k , C{. Iwith postage prepaid thereon. (\j\k 6Hrvr vi,1,. Signature (In the presence of a Notary Public) I . POSTING: I, 1 � �, ' J \'(Y LC\\', ,do affirm that I am(represent)the party initiating interest in a proposed land use application Ifor C C`'MQC _h.v`\� \\! t l(i �y\c� - �\�C he V t affecting the land located at(state the approximate location(s) I no address(s)and all tax lot(s) currently registered) (`l C S\.Af no((h(1.vy-‘ (2.C CL O■ ,and did on the Z LA day of l7 ci:iz L-D-c._v' ,20 C), personally post notice indicating that the site maybe proposed for a C.0('Y l )Li.t■ l ?06.k Cy■Gi.',(_land use application,and the time, IIdate and place of a neighborhood meeting to discuss the proposal.{ • The sign was posted at h 1' , n 1,�1 ►Y\ �1(t` I} S F"�. Ck C 1 c(LI..VI f" 11) jf lr .(/1`^✓1 ( -U(,d:\ :(\ j VU(\A --\ GYLC P iW ` tCk Cam (state location you posted notice on property) \Ai q, Awl 1, ' Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) ISTATE OF ©re c b'(1 ) County of IAwl roYV\alti) ss. ISubscribed and sworn/affirmed before me on the day of QClv\ccj ,20 (7 . OFFICIAL SEAL. _ KRIS11 CRIPPEN NOTARY PUBUC-OREGON AY COMMISSION NO.409363 MY COMMISSION EXPIRES NOV.1,2010 ` A.A A OF NOT ' Y PUBL' OF • ; GON ' My •mmission Expires:, f l -( .gO 10 is\curpin\maters\neighborhood meetings\affidavit of nailing-posting neighborhood meeting.doc Page 5 1 MN • MI — 1 EN NE — EN EN MN MN NM NM MB OM MI — i Z = =- H u I I ) CITY of TIGARD =� _-;. �, GEOGRAPHIC INFORMATION SYSTEM 1I ' ',PAT LN -aL11„"' �' - � //��I �.:IC 2 4110w.;� , !111111 W AREA MODIFIED 1 Ii1I,, �© , ��,* �} !- - * a U ri? "" " �:.tt a' '' `i l i a ei ' ._ a wawallr ilikibillill al 111=1 ;Iva;gill :}.•.;. •NN CT 0 DURHAM Re • " ��'^.a M.. •, " O ��� I FOR WRG Design ° �� '� • RE: 2s113BA; 200/f01 Sw �P, • mlamou \ mamma 04, D.�R� - gMRp .mums �. Property owner information P°4 (P.417° .. is valid for 3 months from ��5� the date printed on this map. i • • 00 0 'o • •• r N _ /EL WtC)/ 0 x 0 200 - 400 600 Feet . Fr■ 1'=452 feet W S LL 7 01101 , 111 m MTIGARD w a . Information on this map is for general location only and should be verified with the Development Services Division 13125 SW Hall Blvd 44 , Tigard,OR 97223 (503)639-4171 http://www.ci.tigard.or.us Plot date:Oct 21,2008;C:Magic\MAGIC03.APR Community Development I2S1•12CD-05000 I• 2S112CC-05200 • AITKEN KC BENNETT TONY R I7915 SW BOND ST 8070 SW BOND ST TIGARD,OR 97224 TIGARD, OR 97224 2S112CD-11800 2S112CD-00701 ALEXANDER DANA BLACKWELL JAY M&TRACI N 7635 SW ALDER ST 15950 SW 76TH ITIGARD, OR 97224 TIGARD,OR 97224 2S112CD-12700 2S112CD-13400 ARTHUR MALIA A BONANOMI ROBIN A 7704 SW CYPRESS LN. 7770 SW CYPRESS LN TIGARD,OR 97224 TIGARD, OR 97224 I 2S1 12C0-10000 2S1 12C D-02600 IBALDWIN SURVIVOR'S TRUST BOND STREET REAL ESTATE LLC 4632 SW VERMONT ST 17841 WESTVIEW RD PORTLAND,OR 97219 LAKE OSWEGO, OR 97034 I 2S112C0-09700 2S112C0-04100 BALDWIN'S SURVIVOR'S TRUST BOYCE RICHARD R UBY BALDWIN JAY K TR 7800 SW BOND ST 4632 SW VERMONT ST PORTLAND,OR 97224 PORTLAND,OR 97219 , 1 2 12CD-09900 2S112CD-01300 BALl 4 IN'S S ;'1IVOR'S TRUST BUCHANAN MICHAEL R&SHEILA M I BY BALD . , JAY K TR 10525 SW TIGARD ST 463 :, VE'k ONT ST TIGARD,OR 97223 •RTLAND,O' 97219 I 2 S 112C D-09600 2S 112C D-12900 B• .'WIN' URVIVOR'S TRUST CHAN SORITHEA BY B• % IN JAY K TR 7718 SW CYPRESS LN I463 RMONT ST TIGARD, OR 97224 "•RTLAND, SR 97219 2S112CC-14500 2S112CD-04200 I BARKER BRUCE D&SUSAN L CHARLES LARRY&MARILYN L 20700 COUGAR HILLS LN 7850 SW BOND ST HILLSBORO,OR 97123 TIGARD,OR 97224 I 2S112CD-13900 2S112CC-05900 • IBEARD GRETA&PHILIP E CHENEY MICHELLE A& 7864 ALDER ST SCHOLZ MARK H TIGARD,OR 97224 15954 SW 81ST CT , TIGARD,OR 97224 I 2S113BA-00400 2S112CC-05800 BEHRINGER HARVARD WESTERN CHILTON DAVE S& IPORTFOLIO LP SUFFIAN-CHILTON MICHELLE BY EASLEY MCCALEB&ASSOCIATES I 15932 SW 81ST CT PO BOX 190700 TIGARD,OR 97224 ISAN FRANCISCO, CA 94119 2S 1.13BA-00400 2S 112CD•14000 1 CLEAN WATER SERVICES • DIEC TOAN P&TON M 2550 SW HILLSBORO HWY 7882 SW ALDER ST I HILLSBORO,OR 97123 TIGARD,OR 97224 11360-006 2S113AB-00800 • I CL AN ATER SERVICES DUNCAN JOHN A&JANICE LEE 255 W HILLSBORO HWY 9929 NW UPTON CT LSB 0,OR 97123 PORTLAND, OR 97229 I 2S1 12C D-05500 2S1 1 3 80-004 00 I COLLIER DAVID&TERRY DURHAM I LLC 5116 NE 72ND AVE 8100 SW DURHAM RD VANCOUVER,WA 98661 TIGARD,OR 97224 2S 1 12CD-12400 2 1380-00500 COOK ANDREA P DUR ' LC I 16032 SW 77TH TER 8100 RHAM RD TIGARD, OR 97224 ARD,OR 97244 I 2 S 112C D-10400 112CC-1630 COOPER MARK BRANDON& D A CHOOL PARK OWNERS OF PATRICIA ELAINE LOT 0 ' 7855 SW ALDER ST , 0 TIGARD, OR 97224 2S112CD-10600 4112CC-16400 I COURT SUSAN G DU AM OOL PARK OWNERS OF 7817 SW ALDER ST LOT -16 ITIGARD, OR 97224 2S 112C D-04500 2S112CC-04800 I COUTURE ROBERT E&TRISH S DUSKIN GREG A&CAROL A PO BOX 3273 7998 SW BOND ARLINGTON,WA 98223 TIGARD,OR 97224 I 2S112CD-12800 2S112C0-12300 I COWLEY DANIEL&ALEXIS FASOLINO GABRIEL V& 7706 SW CYPRESS LN VANHOUTEN LUCILLE TIGARD, OR 97224 16018 SW 77TH TER TIGARD;OR 97224 III 2S112CD-11400 2S112CD-10900 CRONN ANNA 2000 LIVING TRUST FAST DARRYL M& t BY ANNA CRONN TR FAST STEPHANIE A& 7711 SW ALDER ST JOHNSON CHARLES M JR TIGARD,OR 97224 22691 SW 55TH ITUALATIN,OR 97062 2S1 12C D-10700 2S 112C D-14400 DAVIS LORI J FEGLES JOSHUA J&BETHANY J 7797 SW ALDER ST 13128 SE LINDEN PL#14 I TIGARD,OR 97224 MILWAUKIE,OR 97222 I I2S112CD-04800 2S112CD-11300 • RACANELLI ROCKY AND DENISE • SALISBURY BEN • I 7964 SW BOND ST 7727 SW ALDER ST TIGARD,OR 97224 TIGARD, OR 97224 I 2S112CD-13000 2S112CC-06000 RAMIREZ REUBEN& SAYLER DEBORAH A CORTEZ-PEREZ ANACELINA 15976 SW 81ST AVE • I 3113 TEDDINGTON DR TIGARD, OR 97224 SAN JOSE,CA 95148 I 2S112CD-05201 2S112CD-12000 RAY MICHAEL D& SCAFIDI JOE&JOANNE P RAY DIANA L 15984 SW 77TH TER 7979 SW BOND ST TIGARD, OR 97224 IPORTLAND,OR 97224 2S112CD-03900 2S112CD-10800 I RDQ PROPERTIES LLC SCHACHT GEORG E&LYA 2105 PEREGRINE CT 7791 SW ALDER ST WEST LINN,OR 97068 TIGARD,OR 97224 I . . 2S112CD-11100 2S112CD-05100 REID EILEEN M&HARRY H J SCHEFTER ANDREW R&ABBIE I 7751 SW ALDER ST 7995 SW BOND ST TIGARD,OR 97224 PORTLAND, OR 97224 I2S 112C C-05700 2 S 112CC-05400 RICHARDSON ROBIN J SCHMIDT DONALD E& 15910 SW 81ST CT SCHMIDT ANGELA CLAYTON I TIGARD,OR 97224 8110 SW BOND ST TIGARD,OR 97224 l 2S112CD-00900 - 2S112CD-12500 RIVAS ROSE LIFE ESTATE& SINGER DENA RIVAS IRREVOCABLE TRUST 16050 SW 77TH TER I 16060 SW 76TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S112CD-10300 2S112CD-02500 I ROBINSON JOHN C SJORDAL SUSAN J 7871 SW ALDER ST 7785 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 I 2S112CD-10500 2S112CD-04600 I ROCKER ANDREW D&MARYJANE SMITH JOHN WILLIAM 7833 SW ALDER ST 7932 SW BOND ST TIGARD, OR 97224 TIGARD,OR 97224 I26112CD-05000 2S112CD-02200 • ROGERS SHAWN&GWENDOLYN SNIDER JASON B&JODI J I 7996 SW BOND ST 15588 SW 76TH AVE TIGARD,OR 97224 TIGARD, OR 97224 I 2S.112CD-03800 • 2S112CC- 4600 GIRTMAN LOUIE F/OPAL B TRUST HO RT FA L BY OPAL B GIRTMAN TR PROP LLC I22 GRAVATT DR 4632 V MONT ST BERKELEY, CA 94705 P LAND, 0 97219 2S1 12C D-05300 ' 2S112CC•15000 GOLDBERG LAURA D Ha FART FAMI Y 7151 PINTAIL DR PR•-ERT - : LC CARLSBAD, CA 92011 4632 -,I VERMONT ST I P''TLA •, OR 97219 2S 1 12CC-05000 2S112CC-14100 I HAGAN ELIZABETH R TRUSTEE HO- _ •RT FA Y 8020 SW BOND ST PROPE• - LLC TIGARD, OR 97224 4632 :I V ' ONT ST P 4-TLAND,OR 97219 I 112CD-142 2S112CD-09400 H A CROSSING OWNERS He FART FA i Y I ASS TION PRO' R • LLC 463 :v1 ERMONT ST R'RTLAND, OR 97219 S112CD-14100 2S112CC-16100 H AC ROSSING OWNERS HO' ART FAL, ASS TION PRO".,; S LLC I 463 : / -MONT ST •RTLAND, OR 97219 112CD-143 13 2S112CC-16000 I H BAC CROSSING OWNERS I-I• ART F• ILY ASS TION PRO--; ES LLC I4632 : RMONT ST P:-TLAND, •R 97219 2S112CD-13800 2S112CC-15800 I HARANATH SAI P H FART F LY 7844 SW ALDER ST PRO ES LLC - TIGARD,OR 97224 463 VERMONT ST I RTLAN OR 97219 2S112CD-00800 2S112CC-13900 I HAVERY JOHN W MADELON HO ARTF ILY 15970 SW 76TH AVE PROP ES LLC TIGARD,OR 97224 463 W MONT ST RTLAND,OR 97219 I 2S 112CD-04700 2S112C0-10100 HEIDER RICHARD R AND HO ART FAMI I LAURELEI M PRO TI LLC 7948 SW BOND ST 4632 S RMONT ST TIGARD,OR 97224 PO LAND, 97219 1 2S112CC-15100 25112■C-14000 HOFFART FAMILY HOFFART F: I ILY PROPERTIES LLC PROPE- 'I S LLC I 4632 SW VERMONT ST 463 : V •MONT ST PORTLAND,OR 97219 P '-TLAND,OR 97219 I2S1•12CC-15700 • 2S112CD-02300 • HOFFART HERBERT J HOFFMAN JUDITH A I 4632 SW VERMONT ST 7865 SW BOND ST PORTLAND, OR 97219 TIGARD,OR 97224 I2S 12CC-16200 2S112CD-13600 HO ART BERT J HOLLAN ANGELA E 4632 ERMONT ST 15486 BRIANNE CT IP TLA 97219 LAKE OSWEGO,OR 97035 I 2S112CC-14700 2S112CD-04900 H ART H ERT J HORAN MARY CHRIS 4632 S ERMONT ST 7980 SW BOND ST , P LAN OR 97219 TIGARD,OR 97224 2S 12CC-15300 2S112CC-04900 IHO R ERBERT J JOHNSON BRADLEY A/PAULA C 4632 ERMONT ST 8000 SW BOND P TLAND, R 97219 TIGARD,OR 97224 I 2S 12CC-15600 2S113BA-00100 HO ART BERT J JOHNSON FAMILY TRUST THE I 4632 ERMONT ST BY CARL H JOHNSON TR P LAN R 97219 8965 SW BURNHAM ST TIGARD,OR 97223 112CC-1520 2S112CD-12600 H FAR ERBERT J JONES DAWN E& I 4632 VERMONT ST CIMINSKI JOHN A P T ,OR 97219 16068 SW 77TH TER TIGARD,OR 97224 I 2S112CC-1540 2S 112C D-04400 H FA ERBERT J KAESS JENNA L& 4632 VERMONT SCHNEPF ZACHARIAH I P TLA ,OR 97219 15880 SW 79TH AVE TIGARD,OR 97224 I 2S112CC-1420 2S112CC-05100 HO R ERBERT J KIRKPATRICK DEAN L& 4632 VERMONT ST CHRISTINA L TLAN OR 97219 8050 SW BOND ST ITIGARD,OR 97224 2S112CC-1590 2S112CD-11600 I HO ERBERT J KNAPP CHRISTOPHER&IOLANDA 463 ERMONT ST 7701 SW ALDER ST RTLAN ,OR 97219 TIGARD, OR 97224 2 112CC-14 2S112CD-03600 HO HERBERT J LEBEDA VLASTIMIL/SHARON I 463 - ERMONT ST 15607 SW HIGHPOINT DR P RTLAND,OR 97219 SHERWOOD,OR 97140 2S,112CD-11500 • 2S112CD-12200 I LUCHAU COURTNEY NGUYEN PHU TOH &THUY 7794 SW ALDER ST 16002 SW 77TH TER ITIGARD, OR 97224 TIGARD,OR 97224 2S1 12 C D-09800 2S1 12C C-14400 I MANNEH BASSI& OLSON DENNIS M & CALVIN-MANNEH CARMELLE MARILYN J 7955 SW CAROL ANN CT 18820 SW TUALATA AVE I TIGARD, OR 97224 LAKE OSWEGO,OR 97035 2S112CC-05300 2S112CC-14300 MAY GLADYS M& OLSON RONALD D& I SIKORSKI MICHAEL LINDA A 8090 SW BOND ST 3297 SW LAKE GROVE AVE TIGARD, OR 97224 LAKE OSVVEGO,OR 97035 I 2S112CC-15500 2S112C0-05400 MCCLURE ELISE ONTHANK SONJA R I 4632 SW VERMONT ST 7947 SW BOND ST PORTLAND, OR 97219 TIGARD,OR 97224 2S112CD-09500 2S112C0-14700 I MCGREGOR SUSAN J OTIS BRIAN & LORRAINE 4632 SW VERMONT ST 12244 SW AMES LN I PORTLAND,OR 97219 TIGARD, OR 97224 2S113BA-00200 2S112CD-1460 I METZGER VENTURES LLC Oil &LORRAINE PO BOX 400 122 AMES LN ISHERWOOD, OR 97140 ARD,0 97224 2S112CD-13200 2S112CD-13300 I MILLER ROGER J PALACIOS ALEJANDRO 7750 SW CYPRESS LN 7764 SW CYPRESS LN TIGARD,OR 97223 TIGARD, OR 97224 I 2S112CD-14800 2S112CD-11000 I MIRZAALI FARHAD PEARSALL CHARLES A&SHERYL T 7952 SW CAROL ANN CT - 7765 SW ALDER ST TIGARD, OR 97224 TIGARD, OR 97224 I 2S112C0-02400 2S112CD-13700 MUDD MICHAEL J&WENDY W POAGE STEPHEN D&LINDA K I 7845 SW BOND ST 7826 SW ALDER ST TIGARD,OR 97224 TIGARD, OR 97224 2S 112CD-11500 2S112CC-04700 I NEWBERRY ROBERT E&MARY A POWELL ROBERT J& 7707 SW ALDER ST POWELL ANNE C I TIGARD,OR 97224 15860 SW 80TH AVE TIGARD, OR 97224 I I2S-112CC-14900 2S112CD-13100 SOTELO JORGE A& • VANDERHEIDEN JO*&MARITA A VERONICA L 2167 NW TWILIGHT DR I 16029 SW 80TH PL BEND, OR 97701 TIGARD,OR 97224 I 2S112CD-12100 2S112CD-03500 STEVENSON SARA R WAGNER ERNST J 15996 SW 77TH TER 7680 SW BOND ' TIGARD,OR 97224 TIGARD, OR 97224 • 2S112CD-11700 2S112CD-02100 STRUCK MICHAEL&DENA WALLIS MICHAEL E & 7683 SW ALDER ST WALLIS ROBIN R TIGARD,OR 97224 7895 SW BOND ST TIGARD, OR 97224 2S 112C D-03700 2 S 112C D-04000 I TAUTFEST DONALD D WALLS CHARLOTTE 7720 SW BOND ST 7780 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 ' 112 D-1490 C 2S112CD-11900 TI 2 RD OF WHEELER DOTTIE FIELDS I 131 HALL BLVD 15976 SW 77TH TER ARD, R 97223 TIGARD,OR 97224 2S112CD-10200 2S112CD-03400 TIG RD OF WHITE KENDALL C& 1312 HALL BLVD BARRETO CECILIE M I T R , R 97223 7660 SW BOND ST TIGARD,OR 97224 2S113BA-00401 2S112CD-04300 TIGARD-TUALATIN SCHOOL WINSTON MARK&ZSUZSANNA DISTRICT#23J 17576 LAKE HAVEN DR 6960 SW SANDBURG ST LAKE OSWEGO, OR 97035 ' TIGARD,OR 97223 2S113BA-00500 2S112CD-03300 I TI RD-T TIN SCHOOL ZELL TROY A&MAEGAN M DIST #23J 15895 SW 76TH AVE 69 S SANDBURG ST TIGARD,OR 97224 IGARD, 97223 2 113B0-00300 2S112CD-11200 I TI 'RD-TU: •TIN SCHOOL • ZIEGLER THEODORE A&MARY L LIV DIS 'I #23J BY THEODORE A&MARY L ZIEGLER TRS 6960 r SANDBURG ST 7737 SW ALDER ST ARD, • 97223 TIGARD,OR 97224 I2S112CD-14500 TITTERINGTON PETER K&ROSE I 7925 SW CAROL ANN CT TIGARD,OR 97224 • • Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114th Place ' Tigard, OR 97224 Tigard, OR 97223 r n6 G etche Buehner David Walsh 13249 SW 136th Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 , Tim Esau ' PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 1 Ross Sundberg 16382 SW 104th Avenue , Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar , 10285 SW Highland Drive Tigard, OR 97224-4668 ' Rex Caffall ' 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES too. I of Il li:\curoln\setuo\labels\CIT South.docl UPDATED:4-May-07 I • • I r W R G i : D E S I G N I N C. 1 October 24, 2008 I RE: Neighborhood Review Meeting for Proposed Development 9 9 IDear Neighbor: WRG Design is representing Durham Elementary School, located at 7980 SW Durham Road, in their Eam application to change the Comprehensive Plan and Zoning Designation on 3,153 square feet of .AWE °H®°" property from Residential (R-12) to Industrial Park (IP). This Comprehensive Plan Amendment and DEVELOPMENT '. Zone change application is required so that the School District may construct ten (10) parking spaces ' SERVICES for the adjacent Jackson Business Center property. These parking spaces will replace spaces that ': had to be removed due to relocation of the access drive into Durham Elementary School. � z Prior to applying to the City of Tigard for necessary land use approvals, we would like to discuss the I proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: LAND PLANNING Wednesday, November 12 at 6:30 PM P` ) Durham Elementary School Library 7980 SW Durham Rd. Tigard, OR 97224 CIVIL ENGINEERING ' I Please note this meeting will be an informational meeting on preliminary development plans. These plans may be altered prior to submittal of the application to the City. 6z We look forward to more specifically discussing the proposal with you. Please feel free to call me at 503-419-2500 if you have questions. LANDSCAPE ARCHITECTURE • ' Sincerely, r. ,,, j\K■\k/U00\\ki\lt\ '' ' I LAND Michele Simantel• SURVEY i Planner • I Attachments • G.I.S. Map • Neighborhood Meeting Information Sheet I • Questions to Ask Sheet . • • I 5415 SW Westgate Dr. Suite 100 i Portland.OR I 97221 PH 503/419-2500 FX 503/419-2600 I www.wrgd.corn • • 1 . . • • I NEIGHBORHOOD MEETIN INFORMATION MEETING N ORMATION I As part of the development review process for most land use applications, the City of Tigard 111P11 requires that developers hold a neighborhood meeting to notify and discuss with property yi_�' rw, owners in the area, their proposed development. Below are some frequently asked questions 1 . ., about the neighborhood meeting process. WHAT IS THE PURPOSE OF THIS NEIGHBORHOOD MEETING? The purpose of the meeting is to allow the prospective developer to share with you what they are planning to do. IThis is your opportunity to become informed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. IWHAT HAPPENS AFTER THE NEIGHBORHOOD MEETING? After the neighborhood meeting, the prospective developer finalizes their submittal package (often taking into account citizen concerns) and submits an application to the City. Sometimes it takes a while before the developer's 1 application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. •Once an application has been deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which ' • citizens are given the opportunity to provide comments or concerns. Property owners within 500 feet will be notified after a complete application is submitted. They will be provided an opportunity to comment. Any appeals are decided based on the provisions of applicable laws and the development code. Il i WHAT IF THE PROPOSAL PRESENTED AT THE NEIGHBORHOOD MEETING IS NOT WHAT IS • ACTUALLY SUBMITTED? . Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the opportunity to address the neighborhood issues • and address other changes necessitated by the development or staff. If the project is significantly different, a new Ineighborhood meeting would be required as determined by staff. HOW DO I KNOW WHAT ISSUES ARE VALID? IA decision is reviewed based on compliance with the Tigard Development Code. Review the city's development code to • familiari�eyourself with what is permitted and what may not be permitted. A copy of the development code is available for ' viewing at the Tigard City Library, on the City's web site at www.ci.tigard.or.us, or a copy may be purchased at the Community Development Services counter. You may also contact city planning staff and ask what the standards are for a specific issue. Be prepared, however, that you may not LIKE all the standards, but at least you know what they are. If a development meets the code standards, it can proceed. r IFor your assistance, attached is a list compiled of helpful questions to ask that may assist you in determining your position on a particular proposal. I Page 3 • . I QUESTIONS TO ASK OF TYPICAL NEIGHBORHOOD ' 11 CONCERNS, TO MAKE SURE YOUR CONCERNS ARE -',3-.'','. CONSIDERED I °''= r:;r. The following is a list of questions intended to aid you in formulating your own questions for - � ,�:� �� g q Y g Y 9 w.gfkFFF L proposed development in your area. Feel free to ask more or alter the questions to address your _,:i-Va =�rS own unique concerns and interests. PROCESS I / What applications are you (the developer) applying for? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prior to submittal? I 1 Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission or City Council? How long is the process? (timing) ► At what point in the process are citizens given notice and the opportunity to provide input? I ► Has a pre-application conference been held with City of Tigard staff? • Have any preliminary requirements been addressed or have any critical issues been identified? • What city planner did you speak with regarding this project? (This person is generally the planner assigned to the land use case and the one to contact for additional information). STREETS I / Will there be a traffic study done? What is the preliminary traffic impacts anticipated as a result of the development and how do you propose to mitigate the impacts if necessary? I► What street improvements (including sidewalks) are proposed? What connections to existing streets are proposed? ► Are streets proposed to be public or private? What are the proposed street and sidewalk widths? I► What are the emergency access requirements and what is proposed to meet those requirements? ZONING AND DENSITY I1 What is the current zoning? What uses are allowed under this zoning? 1 Will there be a re-zone requested by the developer? If yes, to what zone? ► How many units are proposed for the development and what is the minimum and maximum number of units Iallowed in the zone? DRAINAGE AND WATER QUALITY 1 What is your erosion control and drainage plan? What is the natural slope of the property? What are the grading plans? / Is there a water quality facility planned within the development and where will it be located? Who will own and maintain the facility? I. TREES AND LANDSCAPING / What are the tree removal plans and what is proposed to mitigate for trees removed? / What are the landscaping plans? What buffering or fencing is required and/or proposed? ADDITIONAL INFORMATION - I How do I request more information or a follow-up meeting from/with the applicant? • is cu c In\masters\neighborhood meetings meeting inf o rmati n_qu esti n. doc Page 4 I r r am sr No as am — am um am Durham Elementary / Jackson Business Center Parking Replacement Neighborhood Meeting SIGN-IN SHEET November 12, 2008 Name ,,Address:.S:treet Zip' Phone Number 'E-Mail Address S EXHIBIT F - Pre-Application Conference Notes • '03 • • • PRE-APPLICATION NOTES FOR TIGARD-TUALATIN SCHOOL DIS 1'RICT 23J FOR COMPREHENSIVE PLAN&ZONING MAP AMENDMENTS, LOT LINE ADJUSTMENT AND SITE DEVELOPMENT REVIEW October 16, 2008 STAFF PRESENT: Gary Pagenstecher APPLICANT: Tigard-Tualatin School District 23J PROPERTY LOCATION: 7950 SW Durham Road TAX MAP/LOT#'s: 2S113BA-00401 and 2S113BA-00200 PROPOSAL DESCRIPTION: Comprehensive Plan Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications of a 3,153 square foot tract from Medium Density Residential(R-12) to Industrial Park (I-P);Lot Line Adjustment between TL 2S113BA-00401 and TL 2S113BA-00200,reducing the former and enlarging the latter by 3,153 square feet;Site Development Review (potentially a Minor Modification) to TL 2S113BA-00200 for the creation of 10 additional parking spaces and landscaping. COMP PLAN DESIGNATIONS: Medium Density Residential with Historic District Overlay; Industrial Park ZONING: R-12(HD); I-P NEIGHBORHOOD MEETING A neighborhood meeting is required for a quasi-judicial comprehensive plan map and zoning map - amendment. • NARRATIVE Include a narrative that responds to the applicable review criteria. Provide background and findings of fact as to why the comprehensive plan amendment and zoning map amendment are necessary, or what public benefit is being promoted. Note:The list of specific goals and standards below is intended to provide guidance in preparation of your application,and that additional criteria may be identified dependant upon the nature of the specific application,or as other issues are raised. This is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met. APPLICABLE CRITERIA Standards for making quasi-judicial decisions apply to the proposed zoning map amendment. A recommendation to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations (Goal#1, Citizen Involvement; Goal#2,Land Use Planning;and Goal #9, Economic Development). • • 2. Demonstration of compliance with all applicable standards of any provision of the Tigard Development Code or other applicable implementing ordinance (including but not limited to 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures; 18.410 Lot Line Adjustments; 18.360 Site Development Review; 18.705 Access, Egress and Circulation; 18.740, Historic Overlay; 18.745 Landscaping and Screening; 18.765, Off-Street Parking and Loading Requirements). The proposed site development proposal may be a minor modification depending on how it relates to the Evaluation Criteria (9, 10,and 11,in particular) in 18.360.050. See attached Conditions of Approval for SDR98-00004 and SDR2000-00016;and 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. In addition, the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2.Any federal or state statutes or regulations found applicable; 3.Any applicable METRO regulations; APPLICATION REQUIREMENTS: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped,pre-addressed envelopes for all persons who are property owners of record as specified in Section 18.390.050C. e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development; and f. Number of application copies to be determined upon application. PROCESS The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the application on the record as provided by Section 18.390,with a Type IV review. DECISION The decision timeline is generally about 4 months from receipt of a complete application. The 120-day rule is not applicable to legislative changes. 2 CITY OF TIGARD 10/1 5i2008 12:31:21 PM 13125 SW Hall Blvd. • • TIGARD Tigard,OR 97223 (503)639-4171 Conditions Associated With Case#: SDR98-00004 Project Name: METZGER BUILDING • CURRENT STATUS • ,UPDATED'. , #- : `DESCRIPTION STATUS* M .. ._.. ... BY .._..__. DATE..... �.�. __..,.�.._. ._._ ._.. _. .._ .. .._..__ .�.. .._. ._..... DATE BY 1 STR. OPENING PERMIT(STRM. DRAIN) M 9/16/1998 9/16/1998 BDR Prior to issuance of the site and/or building permits,a Street Opening Permit will be required for this project to cover the storm drain line tap and water line work in SW Durham Road. 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. 2 COMP AGRMNT/$ASSURANCE INFO REQD M 9/16/1998 9/16/1998 BDR 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 1-YR MA1NT.FOR SAN. SEWER LINE M 8/31/1998 8/31/1998 BDR Prior to issuance of the site and/or building permits,the applicant shall take the necessary steps to place the existing public sanitary line work that was completed for this site by the applicant, onto a one(1)-year maintenance period. The applicant will need to work with the Engineering Department to clarify what steps should be taken. 4 H2O QUAL FAC INSTALLED ON SITE M 8/27/1998 8/27/1998 BDR The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards(adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department(Brian Rager)for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 5 GOETECH. SOIL ANAL.REPORT REQ'R M 8/27/1998 8/27/1998 BDR If the applicant wishes to pursue a "buried pipe trench" infiltration facility to meet the water quality requirement, shall be submitted to the Engineering Department(Brian Rager) for review, a report prepared by a geotechnical engineer which analyzes the soil on the site and whether or not the soil is suitable for an infiltration facility. 6 REV. SITE/LANDSCAPE PLAN REQ'R M 7/22/1998 2/1/2000 DST Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea, (639-4171). The revised plans shall include the following: A)the minimum 25%landscape area or a plan that satisfies the criteria of Section 18.68.050.A.6 to allow a reduction to this percentage;B)location of all roof mounted equipment and an elevation demonstrating screening in compliance with Section 18.120.108.4(B); C)three(3)disabled parking spaces; D)four (4)bicycle parking spaces at a location within 50 feet of primary entrances to the structure; and E)written solid waste hauler approval of facility location and equipment compatibility. 7 LIGHTING PLAN REQ'R M 9/2/1998 9/2/1998 MJR A lighting plan shall be submitted to be reviewed and approved by the Tigard Police Department. Staff Contact: Jim Wolf (639-6168 x220). 8 BLDG FINAL INSP REQ UNDERGRNDING M 2/22/2000 BDR 2/22/2000 BDR Prior to final building inspection,the applicant shall either place the existing overhead utility lines along SW Durham Road underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$27.50 per lineal foot. If the fee option is chosen, the amount will be$6,600. 9 SITE IMPROVEMENTS INSTALLED M 2/22/2000 JPH 2/22/2000 JPH All site improvements shall be installed as approved,per the revised site plans. 10 PARKING REQUIREMENTS M 2/22/2000 JPH 2/22/2000 .JPH Before the City authorizes use of the buildings on the site for any purpose or changes in the approved uses of the buildings on the site,the applicant shall show that the site contains adequate off-street parking for the proposed uses in combination with other existing uses on the site, consistent with CDC Section 18.106. The applicant shall also demonstrate that the proposed tenant is classified as a permitted use. • Pln;CaseConditions.rpt 1 of 2 Er, CITY OF TIGARD • • 13125 SW Hall Blvd. TIGARD Tigard,OR 97223 (503)639-4171 Conditions Associated With Case#: SDR2000-00016 Project Name: JACKSON BUSINESS CENTE :." CURRENTS`' 7>7STATtJS µUPDATED:'.' i # DESCRIPTION 'STATUS*'- DATE BY DATE BY 1 STREET TREES M MS 11/30/2000 MAS 1. Submit a plan showing street trees at a minimum 3-inch caliper and spaced 20 to 30 feet apart. 2 CROSSOVER EASEMENT M MS 1/23/2001 MAS 2. Record a crossover easement for the access and walkways for both Tax Lots. 3 PARKING LOT TREES M MS 11/30/2000 MAS 3. Submit a plan showing parking lot trees to be at least 2-inches in caliper. 4 WASTE MANAGEMENT M MS 11/30/2000 MAS 4. Submit a narrative addressing one of the four methods of waste management that will be used according to the Mixed Solid Waste and Recycling Design Standards. 5 FRANCHISE HAULER M MS 11/30/2000 MAS 5. Submit a verification letter that the franchise hauler approves the refuse container and location. 6 PARKING STALLS/WHEEL STOPS M MS 11/30/2000 MAS 6. Submit a plan showing all parking stalls to the north and west of the proposed addition that abut pedestrian walkways and the stalls that abut the boundary of the site will have wheel stops at least 4 inches high and located 3 feet back from the front of the parking stall. 7 DIRECTIONAL SIGNS FOR BICYCLES M MS 11/30/2000 MAS 7. Provide directional signs for bicycle parking from the front of the building. 8 BIKE RACK M MS 11/30/2000 MAS 8. Submit a detail of the bike rack to be used. 9 STREET OPENING PERMIT/P-IMP PLANS M 6/4/2001 BDR 6/5/2001 BDR 9. Prior to issuance of a site permit, a Street Opening Permit will be required for this project to cover the old driveway closure,new driveway construction, signal modification(if necessary),and any other work in the public right-of-way. The applicant will need to submit five(5) copies of a proposed public improvement plans 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. This permit shall be obtained by the applicant prior to approval of the final plat. 10 COMP AGRMNT/$ASSURANCE INFO REQD M 6/4/2001 BDR 6/5/2001 BDR 10. As a part of the public improvement plan submittal,the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement(if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person.Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11 CONSTRUCTION VEHICLE ACCESS M 12/1/2000 BDR 12/1/2000 BDR 11. The applicant shall 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 shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential pubic 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 shall include the vehicles of all suppliers and employees associated with the project. 12 SUITE LAYOUT MAP M BR 1/9/2002 SS 12. Prior to issuance of the site permit,the applicant shall submit a suite layout map to Kit Church,Engineering Department. Suite numbers will then be assigned by the City and the address fee will then be calculated, which must be paid by the applicant prior to issuance of the site permit. 13 REMOVE EXISTING DRIVEWAY M 5/31/2001 BDR 5/31/2001 BDR Plno CaseConditions.rpt 1 of 2 _ CtJRR$NI _ "g:tigUS. . �.._ ._ •UPDAYED•Li#y .DESCRIPT[ON _ , STATUS* D BY 8 DATE`" y BYf 13. The applicant's constructtlans shall show that they will physically re the existing driveway at the western boundary of the site and replace it with concrete curb and sidewalk to match existing. The plan shall also show that the applicant will install street trees along the frontage of this site. 14 ONSITE DETENTION M 1/30/2001 BDR 1/30/2001 BDR 14. Prior to issuance of the site permit,the applicant shall submit a plans that shows how they will provide onsite detention to meet USA's Design and Construction Standards. 15 ONSITE WATER QUALITY FACILITY M 1/30/2001 BDR 1/30/2001 BDR 15. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards(adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Depai tment(Brian Rager)for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 16 ADDITIONAL ROW M 5/31/2001 BDR 5/31/2001 BDR 16. Prior to issuance of a building permit,additional right-of-way shall be dedicated to the public along the frontage of SW Durham Road to increase the right-of-way to 35 feet from the centerline. The decription shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. [NOTE: Staff confirmed that existing ROW measures at least 35 feet from centerline, and as shown by Record of Survey#28,405,by Weddle&Associates,Inc.] 17 COMPLETE WORK IN PUBLIC ROW M 10/17/2001 BDR 10/17/2001 BDR 17. Prior to a final building inspection,the applicant shall complete any work in the public right-of-way(or public easement) and obtain approval from the Engineering Department. • 18 PRIVATE WATER QUALITY FACILITY M 4/24/2002 HAP 4/24/2002 HAP 18. To ensure compliance with Unified Sewerage Agency design and construction standards,the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final bulding inspection, the design engineer shall provide the City of Tigard(Inspection Supervisor)with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins,Building Division. 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Y4::. .: .. :::. .i;m;x `.m..,. ,,q,!�` •'•. • P... e.yj ....s?tll�d: .sc ■ • • • PRE-APPLICATION CONFERENCE NOTES Er. > ENGINEERING SECTION \ City of Tigard,Oregon Community Development Si:apingA Better Community PUBLIC FACILITIES Tax Mapisl: 2S113BA Tax Lonsl: 401 Use Type: Residential The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ❑ SW to feet ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section • • ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section • 111 Other: • • Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW . Prior to the applicant shall either place these utilities underground, or pay the fee in lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water Supply: The (Phone:(503) ) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section drainage plan for the sit�d may be required to prepare a basin drainage analysis to ensure that the proposed system v accommodate runoff from upstrear roperties when fully developed. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on- site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ® Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. Show new impervious area Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section PERMITS • • Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at . 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section • • GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: *AI &,`�' O /6 ° `? ENGINEERING DEPARTMENT STAFF DATE Phone: 15031639-4171 Fax: 15031624-0752 document2 Revised: September 2,2003 CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Department Section 0 • • W D E S I G N I N C. RECEEVED OCT 032008 CITY OF TIGA 1D TRANSMITTAL PLANK 'G/FNGINFFPING To: City of Tigard Date: October 3, 2008 • • Planning Division Project: Durham Elementary 13125 SW Hall Boulevard Metzger Parking • • Tigard, OR 97223 WRG#: TSD6701.DD3 From: Kristi Crippen AI DEVELOPMENT SERVICES Transmitting: Via: For Your: O Attached O Mail O Review& Comment • • O Separate Cover O Messenger O As Requested • • O Number of Pages Including Cover O Hand Delivery O Information/File/Use • LAND : Copies Description PLANNING 5 Pre-Application Conference Request �` 1 Pre-Application Filing Fee$370.00 • CIVIL • ENGINEERING • it.\,...j LANDSCAPE - ARCHITECTURE COMMENTS: • • Please find enclosed the documents needed for the City of Tigard Pre-Application • Conference Request. • Should you have any questions, concerns or comments, please do not hesitate LAND • to contact me at 503-419-2500. SURVEY • Thank you, • • • Signed: AT.4.1!■._• A . ,&. 1,'.∎ 5415 SW Westgate Dr. Suite 100 Cc: 'ob Saxton, Tigard-Tualatin School District 23J Portland.1 Kelly Hossaini, Miller Nash LLP 97221 • • • Tony Roos, WRG Design PH 503/419-2500 1 Mimi Doukas, WRG Design FX 503/419-2600 File: TSD6701 www.wrgd.com J:\data\TSD6701\Communication\Transmittals\6701-Trans-PreAppMetzgerPkg2008-10-03.doc CITY OF TIGARD 10/3/2008 13125 SW Hall Blvd. 3:26:05PM • Tigard.OR 97223 5113.639.4171 TIGARD Receipt #: 27200800000000003452 Date: 10/03/2008 Line Items: Case No Fran Code Description Revenue Account No Amount Paid PRE200$-00048 [LANDUS] PreApp Cool 100-0000-438000 323.00 PRE2008-0004$ [LRP[7] LR Planning Surcharge 100-0000-438050 47.00 Line Item Total: $370.00 Payments: • Method Payer User ID Acct./Check No. Approval No. 1-low Received Amount Paid Check TIGARD-TUALATIN SCHOOL ST 147150 In Person 370.00 DISTRICT#23.1 Payment Total: $370.0(1 cRcecipl.ro Page I of I F.,.- --,...J,-...,,,,,,.,,, ...,i0,-,,i,,,:ii::,5.-,,,.... 7,',y-,;.: !,',....--„.,-,-4.1,•* 9 ,.,,,,t,,,,--1!,..,,,,y,irr.,,, ...:1;-..--,1,--g i,:...',..,,,k,,,-,77,,,,,, 4,w,"..::. :"%..7.,, -;7,''..„ 7-..: ','7S7,;1.4-::,,W-,17,7:,:"":,,37.7.7:- 'V;"7.7""4'3,7: -',.'" ,:,':7,7ei :,-'",ro..7', ' '":t. 1 ,,,e"-SAII:,--'"-titii, ,, September 2008 October 2008 . 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' ' , --'', -'•','' .,'' • ''‘ ,-- ''' '''';, ,,,, 2 ". . , ' •:,-, ,f' • • '. ;,,,.. ,:' :', '*'• '4',i- ', ,:,'''-: --,,' ',,! , '' '.-' :: '''' ,.-; ,,, ?,,,%:':', ',' _,' ;'' :„'f.,• '„, :,' 30 ,,,''',J •''.,, - '.; -' . :''-.., . , ," ,' ,- /2-- ,:-7,.: ,?,": '7,-,,,-., -*:*;-;.;,..«,,,,-;TA -,...•-7, ts t.,, ..,S,:,s •1%.",,,,,,,!;Ir—?'5, ',7,,,' ' ,,,1;,, = , :,.,Q,,,:d.i, ,,,g. ; '' <''-''' '''' 4 ''-,' 7',.-:i-, '". ,i----4' ,-, -''''[-A' 9'4 kv ",'4 ''.,;; ,(Aii,,34,, 4E.;,,,e':,1'.; ..9,...;',: ',.,,,.k ,0 ,,,.:;,'0 i,':,.1 t i;L' ,,,,', ',f:A7-•,:g.•,:f.• ',.:.,,,•t•„e',.,;;,;:k•',•,.' :,,'f'4 1100 • 30 - . . . • . . 12°° PM 30 . . . 1 00 ... • • • 30 2 00 30 3 00 30 4 00 30 - - - - • 5 00 30 • ' • 10/3/2008 3:19 PM 1/1 Network Services • • W R G D E S I G N I N C. • October 3, 2008 Planning Department I City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 °C: RE: Durham Elementary School—Metzger Parking °°g° Pre-Application Conference Request DEVELOPMENT SERVICES Dear Planning Department, 1 -... .. On behalf of our client, Tigard-Tualatin School District, we are submitting the following materials in order to schedule a pre-application conference to discuss a proposal to construct replacement parking for the Industrial/Office Site (2S113BA 200) located adjacent to Durham Elementary School (2S113BA 401). The school site is zoned Residential (R-12) and the adjacent site is zoned Industrial LAND Park (IP). As part of the condemnation settlement for the new access to Durham Elementary School PLANNING 111 I the School District agreed to reconstruct ten (10) parking spaces on site and associated landscaping for the eleven (11) spaces that were removed for the access to be constructed. ,,7,,92 J.)> ii.il _ .__._,% ri J The Applicant would like to discuss the best land use review process for this proposal. One approach I is a Comprehensive Plan Amendment, Zone Change, Design Review and Lot line Adjustment. Another option would be to allow the parking in the R-12 zone through a Conditional Use Permit, ENGINEERING I Design Review and then create a stand alone tract through a partition. I . We look forward to discussing this proposal with you in more detail. IT`" I Sincerely, LANDSCAPE WRG Design, Inc. • ARCHITECTURE ' A . . 1 Mimi Doukas, AICP, RLA �, ' Director of Land Use Planning ILAND cc: Rob Saxton, Tigard-Tualatin School District SURVEY Kelly Hossaini, Miller Nash LLP Tony Roos, WRG Design Inc. • File (TSD6701.SD3) • I 5415 SW Westgate Dr. Suite 100 Portland.OR I 97221 PH 503/419-2500 FX 503/419-2600 Iwww.wrgd.com • Exhibit A Preliminary Development Plan e CP "mi 4)=6 • j...-159--, I , y,`,, r j ,_ `-,163- ' / li Lo:! !: ji _/ -----— ,,;; e,• ' RD -- 9i — I HAMLET • .[.7w1. _ "sr • • VICINITY t ` — — • �> ... _ e - A„ ,P�rn w DURHAM ROAD -� - ! IIK W; . DURHAM m. ' id I �ett•.I .s Q 4 ��' _ _ a .. ,. _ .� __ y fin!` ..SEWAGE Fanno TREATMENT . ...... .. • .............,......,... •:..110 TIGARD a 157 158 ''�0!_ t-� 1! �d•s.e a: ^__Lr ya!' i Gta I. 4" ...--- • ,r r :, ,, . ........_DURHAM ;, X, I AI ., 7- /AFTON ,. .�- VKTY MAP i► -- _ CD NOT TO SCALE „ ``,� V ',' *' , Z co III ,EXISTING ,mi .M-• %PROPERTY -- U U i OK .•\! N LINE r1*�_' , `: / W Q ,Ik STALL COUNT ISTALL REMOVED BY Y W '�cP ACCESS DRIVE _ 11 ,, 4'P Cr c A PROPOSED STALLS _ _10 '• 0 OSED � � � � W 111 y, • BUILDING LU 1'111 r■I A 1 .5C X w cc PARKINO•,---• •---/j STALLS (Tie) ; %,: . /j ' PROPOSeD % 4 .ag PROPERTY % �.,,_-.A. ''LINE ice / . ARE TO BE � " / I Al .' g /i I VP TRANSFERRED � c 31' 3.41s F e `-- IA . ‘. -�`-t i �� �ow �l i /e M s co SCALE. 1"=40' ,/ cc i 40 40 A '�' %: . "-- . ,,:E XI S TI NG CURB 20 0 p II , I I g1%/ra r _P PG ""--••••- PLAYGROUND V Z n w , a., . I— LLI 1 � , - :' a T CI COcn r I • • PRE-APPLICATION q I _ 'y CONFERENCE REQUEST K'" City of Tigard Permit Center 13125 SW'1-fall Blvd, Tigard, OR 97223 T I IM K).1 Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION IApplicant:Tigard-Tualatin School District 23J FOR STAFF USE ONLY Address:6960 SW Sandburg Road Phone:503-431-4000 ICi .Tigard 97223 Case No.: PQ6 d-674-171°4" Receipt No.: 9 d- Contact Person:Rob Saxton Phone:503-431-4007 P ��� S IApplication Accepted By: 6-17---041-Property Owner/Deed Holder(s): Tigard Tualatin School District 23J Date: (D/3/0r 1 D:m.:OI;PRE-APP.: /0//lot O Address:6960 SW Sandburg Road Phone:503 431 4000 t'IMu.Or PRI?-:APP.: /a'� • Tigard 97223 I City: S Zip: PRE-APP. I IGLD will I: 79 0 SW Durham Road Re%.7n/0 Property Address/Location(s): r\a,q,t»\masters\Ia.,d we applications\Pre-App Request App.doc I REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): 2S113BA 401 (Note: applications will not be accepted IR-12 without the required submittal elements) Zoning: ® Pre-Application Conf.Request Form 2.8 Acres I Site Size: 5 COPIES EACH OF THE FOLLOWING: ® Brief Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the I meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a minimum of one (1) ® Site Plan. The site plan must show the week prior to officially scheduling a pre-application conference date/time to proposed lots and/or building layouts drawn • allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the streets; and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the street. I mornings. Pre-application conferences are one (1) hour long and are typically ® Vicinity Map. held between the hours of 9:00-11:00 AM. ® The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ® Topographic Information. Include Contour I PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must I PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.798.080 of the Tigard Community Development Code). ® Filing Fee$370.00 I I • • I IllAil I ' Fidelity National Title Company 1 . . Prepared For: Prepared By: Nima Patel Information Services Department I 1001 SW Filth Avenue Suite 400 - Portland, Oregon 97204 Phone: (503)227-LIST (5478) Fax: (503)274-5472 E-mail: csrequest n,fnfcom IOWNERSHIP INFORMATION I Owner CoOwner : Tigard-tualatin School Ref Parcel Number : 2S113BA 00401 : District #23J T: 02S R: 01W S: 13 Q: NW QQ: NE Site Address : 7950 SW Durham Rd Tigard 97224 Parcel Number : R 1497428 Mail Address : 6960 SW Sandburg St Tigard Or 97223 ' Telephone County : Washington (OR) SALES AND LOAN INFORMATION ITransferred : 10/06/2003 Loan Amount . Document # : Cf4754 Lender • Sale Price Loan Type .• I Deed Type Interest Rate . %Owned Vesting Type . I .,PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : 655 F7 Mkt Land . Census Tract : 308.04 Block: 2 Mkt Structure . I Neighborhood : DMTG Mkt Total Subdivision/Plat : %Improved . • School District : Tigard M50AssdTotal . I Class Code : R 12 Land Use : 9202 Ins,Public School District Levy Code : 02374 Legal : ACRES 2.80, NON-ASSESSABLE 07-08Taxes . I : Millage Rate : 16.4706 -k N IPROPERTY CHARACTERISTICS Bedrooms Lot Acres : 2.80 Year Built . I Bathrooms : Lot SqFt : 121,968 Ell earBlt . Heat Method BsmFin SF Floor Cover Pool BsmUnfinSF: Foundation : Appliances Bldg SqFt : Roof Shape I Dishwasher l stFIrSF Roof Matl .• Hood Fan UpperFlSF : InteriorMat Deck Porch SqFt : Paving Matl I Garage Type Attic SqFt Deck SqFt Ext Finish Garage SF Const Type : N I This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I • • I IIIII Fidelity Oregon National Title Company of Ore A� N W E Map # 2S113BA 00401 s I The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. n1 w fi o ~ _ `It. -2 _ 1 I i �'' r r 1 ��un III' /iSti ...'>: IN't,s.< ,bi,# ,V,..s.`',/,.sg::4.4- 7 6 — 44144)Stsvii e ••` ;'''% 4 7711,. s ' :•■ '', ›■ ‘1■ K./.`'‘' ',If t ( I•d. i!♦ ,4 r, d ,r '� VC....... �'—^ 161 j • >c:t -A...--icpc--s—tt=—;4. :t.. ' V I si Y. ' :,• :r +te II I � � ♦�;. ,e ,e ;c�;+,r'/V'S,}� /e se Mil is:JtG '.�!{5y;`'+��,''�,�'S�/3�Is. f.A,e 5�, *ADC I'I / ' ; . ..RS • :e' its+C/3`/Y` }±,M` ,*` F• 500 / `�r-- -•t /tit+ ,k ,)4 .5 ,c, 4 icy 287J4C /� •''%�t�',V.'so Vii` +' `+/ ,ii+ h5 J i r/{ ' '-1.448r--*--*%\ fi ..+ ,f �, > I, f / ",, )0r, ',I: ,,,, ,,c ,i•ds„ ; ,t's /:.';"::;;`:.::':,•.#1"-i?",-,'"" '''' 4 \\\\\ •.../ v., .5` x. --v.,,,:4' i`+�, / \ • I • • I (---- 1 0 Fidelity National Title Company of lrty p y Oregon I \ N • Map # 2S113BA 00401 w E S I The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. � ' li � r � � . ' : t { ' :.'.• ',17'+';;C:-:/, . . I .`'• 44e-44 ••••44 . ' •/"Ah.;./r4: ..1. • � ''' , .� I I . Ulla ./ " e>..r'*:' XI' .I. I 44. . •,.. -...440.4..., :.:. ' ' tr. . .02j. • '..V 4,41.1f0A ... , 4 1 .:5‘.41!7-4. • ' . . ._,- __._1013=0-----• ! l URI 1.1is .4.41—'', ,,,-----Xlir—i I I -- 23-74 1 ...,,4 ii,. , ..1).. . , , .0. .s. \. A • " i:4P4 )1 I :./.<7,i9 0:X.'.' AS , 1 ::40...d i .:4 .5"elel )C>C4f - YI ,*, 1 , • \ ',Y. I 206 1 ) x �.� 4144f4/611 I .441P I } � 'a_i _e- gl I (: '. "41 1 . . I 1 xe • : 7 i : ../,/•;.0:6:11i0.-- . .: ..b., , V.-X. X,.k-, , 61106 -*' :. ':% , ia-137 5„ , 4,,,,s„ 1 '',� ' �• �� ' . ' 'l,l. # 1 1I` I ' I��' .; ITT 11#111.. . ro I ft dJ i . .ii ';,,..A:y t :i,,:'. .•.:, - ,;,pry..-.7 -. . . -- wrw osi;ei?',ES;10.bC.`Y'r', ;M r,t1..:.:1,1 f„`.tr1U'•'` .•4'7N {�• 'ti _s-,ori rID iP LIYI'W^ ___ _- -_ ---- STATE OF OREGON-= . County of Washington SS I,Jerry n of Assess- ment and. tn 7.4„. rt.... - r '....�a�J o Count' - the wilhlA�,nitegi ofiy ,p i _ and nseordod.ie'book'oY.Qr0oct f said After recording please return to the - . _ I Ell. (,tl�� Washington County Surveyor's Office d 155 North First Avenue ri.'ir •Suite 350, Nail Stop 15 Hillsboro, OR. 91124 • . Ft.:Hanes+ Dlect of — Aeeeeent aadxaUon FJC• — ftlobCq,pty Gerk Doc 9503O0648 _ DEDICATION DEED Inv : 5458 33.00 I - � 05/03/1995 09:04:52A1 KNOW ALL hEN BY THESE PRESENTS, that TIGARD SCHOOL DISTRICT HO. 233, • formerly School District No. 82, hereinafter called the Grantor, being lawfully --- seized in fee simple of the following described premises, in consideration of the granting of a Conditional Use and Variance approval to construct a school = -= building, Application No. CU 88-08; V 88-25, by the City of Tigard, a political subdivision of the State of Oregon, does hereby grant to Washington County, a 71;iin political subdivision of the State of Oregon, hereinafter called Grantee and unto °-'�-= -'` Grantee's successors and assigns, for the use of the public as a public way I :,, forever, all that certain real property situated in the County of Washington and State of Oregon, shown on the attached Exhibit "8" and being more particularly described as follows, to-wit: ... •;y - PARCEL I - (DEDICATION OF RIGHT-OF-WAY) Described on Exhibit "A", attached hereto >. «' and by this reference made a part hereof. yr THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE ter.;' SIGHING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE ' PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO r , VERIFY APPROVED USES. c I rev To Have and to Hold, the above described and granted premises unto Washington ;_glen County for the public forever for the uses and purposes hereinabove mentioned. :F ! ' --sr - %vt • Il ..........ralg -r�1 • DEDICATION DEED M Page 1 of 5 • l' 2S. • 1 136A T.L. 80401 - 24 6.%`�� April a 1994 - J:\...\ROW\DUR2289\OUR24TSD.WP5\1 Iw .'.,.. +ale fk',�- - —:-r ---.. -' *. r;:,i-;' ^J - •A°;r+r I•:� , I:,.:-. %�:•.. -- -''' '-'4'..1 '.1+ : - '� � ;r—=�'"�i 19l lVrsa''y:"1' :..i' • ,_.si - • -==_.]:• " g' , • 1 __ a 1 __ .2F `�(�:J - ..Mi ff -.A ••0r-' ' ?. p1 — ; �...=. —--- ! �"i 4.* Y::.. /r. _, ,: , w, — ______,___,_....._;....:. ..:-.,11, .r _ . ...- .!,1-ie , , 1 1A•1 ' -- —, F rL�! _ r '. � `� . "...—_ - . – —: w..w•+.Ki, ., f.: a y :4 l%11.7'.-'.:4.' . . p `,144J - it l 'rr , • I M 0 IN WITNESS WHEREOF, the Grantor above named have caused this Instrument to be duly signed this 1 day of i'Uy , 1995. — TIGARD SCHOOL DISTRICT N. .J >•- I — / e- F=7 I =L= Geo •e Fis. r, :us .'ss Manager _ •I .: STATE OF OREGON ) ) f .4I ' :` County of Washington ) ss. ._ BE IT REMEMBERED that on this 1 day of M. , 1995, before 11.7;1 me, the undersigned, a notary public in and for said county and state, personally appeared the within named Geroge Fisher, known by me to be the Business Manager for Tigard School District No. 23J and that the foregoing instrument was signed �.`. in behalf of said school district, by authority of its board, and who executed ' c the within instrument and acknowledged to me that the same was executed freely ^Y` I and voluntarily. r:: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ` the day and year last above written. If i;: Notary Pub I for Oregon �` -,� �; My Cormuissi expires: 9 �r q „, Taren Accepted as a public road on behalf ) YYCOM ISioNima! .1M.UN of the Board of Commissioners of I - Washington County, Oregon, pursuant to Resolution and Order No. 78-208, y,' and Resolution and Order No. 93-140. 7f I4:-.t 1 Dated this -2 day of i''.\'4,-'■ , 1995. }n ;'..:'.';:' 7_e'-'(;) By <2 R.C. Pearson, County Surveyor 1 '`'''§ DEDICATION DEED - � Page 2 of 5 I -° 2S 1 13BA T.L. 00401 - 24 y April 4, 1994 ,...4,..1 J:\...\ROW\DUR2289\DUR24TSD.WP5\2 I I -..7. •■-•!..ii ...4:,,al ,. • -. .7.:::., _.= A, __ _.•.,.. 1 'AMP ..,____ rl''k 1..ti iieli lig Wilia44411.4 • - 37,'.4'..'. ... —... _ .. .. _ i!-_, y .. i`.r.-. _-- _= e. -. 7seset •,__, ?;s+ «:isurld5dba j!? til{►fi+1 -— ._.w mLL '. 1-liynr d r I 3 . -5 77-Fil rC': ^'f.t'rag..T. Ue_-.. -.l G.f 1: r.{. ..,•-•-,;:':.:-.!'..r.: .t':..; � -:.; FYI-, [�{j ��J�,yq �' d i. f�1_r,• I'...:r11!r1 t,I r .. r ? ,r f`i: .'airi4sisaali id`tS: :,•i"Gii:,t.!` .I:•.;•.r.!•. „I .. r..VA..u'y.,a MT]A _ - _ . "°"�' d l,d.�:.,.V.:'!;:�'"-' . _?' '.. .�'.:'^.% .'frr,,�tt'i ,�'1/.�,{��!41of�'.{LQ t1t.Fp tam-�........_,= r:NEQISTEA®—tTh ! •r'' ON . .; 20,1989 WILLIAM J.EVANS IEXHIBIT "A" EXP. /117,117 S.W. Durham Road Tigard School District No. 23J _-__ II - Project No. 2338 13137 S.W. Pacific Highway V March 31, 1395 Tigard, Oregon 97221 Document No. 88-35795 Washington County Book of Records r _ q PARCEL I (DEDICATION' Y sei_•• A parcel of land lying in the northwest one-quarter of Section 13, psi; II •, Township 2 South, Range 1 West of the Willamette Meridian, 1.1^. Washington County, Oregon and being a portion of that property described in those deeds to Tigard School District No. 92, recorded • as Microfilm Document No. 88-35795 of Washington County Book of _ :'r Records; the said parcel being that portion of said property included in a strip of land 45 feet in width, lying on the `;; I .'. Southerly side of the relocated center line of S.W. Durham Road, ,.:,. which center line is described as follows: v Beginning at Engineer's center line Station 100+00, said station •`: being the common corner between Sections 11, 12, 13 and 14, • Township 2 South, Range 1 West of the Willamette Meridian; thence South 88 042131" East 1,264.45 feet along the common section line • between said Sections 12 and 13 to a point of curvature on said I1 line; thence leaving said section line 58.79 Feet along the arc of • - a 2,864.79 foot radius curve to the right through a central angle of 01°10'33" (the long chord of which bears South 88°07'15" East 58.79 feet) tc a point of tangency; thence South 87°31'58" East ,;`•q 405.29 feet to a point of curvature; thence 305.32 feet along the � • '. arc of a 572.96 foot radius curve to the right through a central I •7 angle of 30°31'57" (the long chord of which bears South 72°16'00" East 301.72 feet) to a point of tangency; thence South 57°00'02" East 566.72 feet to an angle point; thence South 57°58'31" East r 716.66 feet to Engineer's center line Station 133+16.79, said I1 station being East 447.22 feet and South 768.47 from tho north 1/4 corner of said Section 13. ! EXCEPT therefrom that portion of said property lying within the f existing right-of-way of S.W. Durham Road (County Road No. 23, State Highway No. 111) . II � _ Bearings are based on the line between the quarter corner common to -•�� S..ct j 12 and 13 and ti., �••'t c- ,.ar ,..anon to Secticros 11, ' '1 12, 13, and 14, all in Township 2 �South, Range 1 West, Willamette I i;; Meridian, the bearing between said corners is South 88°42'32" East V per C.S. 9?741. Said bearing Gas rotated tc South 88°42'31" East . ilfor this survey. • y . r _ 2S 1 133A, T.L. 0401 1 }'`. i . • kj"%it'll:::.).7..i;:..... -; . : .. . :• .....Sio-Zapiit''':riC:::::li':::.:'..''.-:.•'. . •. • ......aa=„ .4:1;53==razz=mromacrigrimmer animpow....— .,itiontoromme fj I -- —-----_.—_. • ifil,..,,,, :.,y1p,,y,1......5 ' -A....,...vt.':,,43.:. .......;;.•' 7,---7 . ,...,. .., .,... ,., ... ■:. ..., . .. . —: - - . --- — losamtriasaZer :.1, .:4--=z.,:,-7.7,t;-==.-L:.:--.:_-••.:z-__-...----------.. _, I ._-••.T.--;.7.7 .--•.• ..]•.:•,•;1,1•41.P.4;••',431,0,41t.• ..k•••■■•-:4,,.••,‹; .,. '''''`'',..7;•..Z.40-.„:,...•.-‘•,,•e- ..•..:- -- -------•--- ....m,m..m...■.•-- --...z...-•--....---.-;----•..--.---.- ... _ -Auwadmisrae .-••...-....... ... ---— _ - -... ....-'' • _. ---........Itilinr....1_ . • . • _... • I I ^ . s ---- . . -— i PI The parcel of land to which this description applies contains 4,487 square feet, more or lass. . 1 1- I -7 ---_ I --- -.. ---= I -:•.4 — --------,.--. ..TV!..L. - ....---. .....■.. -4.152 0.111"......... ....... lk.',...0... •A...."1 .'4...:'.'. I 'n'T rtirai:=• .0'.:•1E.-:: •.r•i 1?..1.;;L-.' ... .i 1'4:- i.::;'• I 7: Ti ?.:.. .;.:. .-.,,, .T. ,s., -...0.• •.•ri ik•-. ;c.4 S.V.: .:......;;;; I ._., r:i.,-, •••••:, •- ._ I .-._- . , . ..- '..''.•. ,. j . . . . I ..: - •7..i:• :,.; ;.: i.i:ViY. '.;: I -: 4 .,. i - l'711117 25 1 158A, T.L. #401 14 ,_ ••11-.. •V;;•''.', I ' • • real--.7- , . . . t Zk ,... ----"I'-- -'4 1-1 I 4,.,...te-'-4'. 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I g : , - _ - I I I I in I , - ._ ,- f--.25--.-14--D _ _ U_E?HAALE?„0,41) , _ --- .--. __ •-- EXISTING R/W LINE — i — -.4.--...... — - . . - .. .._ ^ I .etig■T,t111it L_: . /7/: , - A A,.4 -/I -77/-1 _ ..i. • . ..—...—..... — \, , = 7...;t4.21 .......-....: / •.. . . •l'.1. r- / I : . 1 .;\ .!...) PROPOSED R/W LINE I . ...._ I I . 1 I I TIGARD SCHOOL DISTRICT NO. 2.11 ...__ .••.. ... ...., I 7630 SW DURHAM • , „?..•. • 1'.! I .4. . , I 88-35795 I - , NI--; - .,..1:.. . . ..'I 2S-1-132A TAX LOT 401 I I : :',;1■';111 .... I ::121 I ,:„.; -,.,--...- , • • , . I CO 4.487 Square Feet I -'i4.11A =.47Agi: ::•:_.„....__. . • . • -:;71::,......:.. I O BE ACQUIRED I LEGEND --- AREA T 1 DEDICATION YZ=Z2 SCALE: I"=50 I • I AV1 ...(: ), '. • .... i:;.'""1 . I • . I ---' - :::' TUAL4TIN VALLEY HIGHWAY HALL BOULEVARD - Ur ' ". .9'..''",.. !E"5 (DURHAM ROAD) FrPPY ROAD SECTION ■ • .-; \\A71 PACIFIC •-: . . WS LW.Malmo enigma • ) — ..• •I S111127014 US 1170:411.11” .• DATE: MARCH 30, 1995 n r'-i...,-.. I.,...... . ... .% ...... •• I 2S 1 1313A, T.L. 0401 , • .. -f, ■• e.. :: ;;t• . .. , .• =11-*--•-iiie.:TV'11:;.le.A...:•17'.-q:':. .1 . - - . ' - '. ' ',' '' ' ''. '- ):!;.3-,,'..? 1 1,1 -t, - '" . - • •.. ' ...:?.. • • :.. Z'N. . . : .. - ----r••• ::-- .;.. : ,.;""...-r.,:4•ri. . . :; . .•...-1.• ..4 't■-:`,•*3-F■Pf.t•1:1'./. '''.'-'' A .. . . t ,,,...:- .....1.---„5.,•,.1. .;to •', • - -- i 'r:: 4 ::'it'AV •-••••ir: ----l------24Klet.;;`,17,•::.. ..:,-. :. '.•:'.:.'::::: : '' ••••• . . . x :.... -. -,•-Pi fir, ,.'--'. .11c7"-': ---;'---"--3. 42:--:-...-4,-----,••Ati,:i::1•;,": :;.:::"i.:,r.:.„::_•.' ..... 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Grantee, the following described real property free of encumbrances except as specifically set forth herein situated In WASHINGTON County,Oregon,to wit: ire:. •,t, See Attached Legal Description ter-. rw y „ tG `1:: THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TEIIS INSTRUMENT IN VIOLATION OFAPPLI- t(: '!.4b CABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIR- •:!'!Cw; ' ',: ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITEI THE APPROPRIATE CITYDR OUNTY PLANNING DEPARTMENT ii`- ;;. TO VERIFY APPROVED USES.The said property Is free from encumbrances except 1961i/d9 real property taxes, a f rr ::,'•.i lien not yet payable; statutory powers of Unified Sewerage Agency of Washington 1 ,,_ :a -').1 County; as disclosed by tax rolls, premises herein described have been classified for :_ :: 1 farm use and may be subject to additional taxes or penalties and interest if ��;, I `- i disqualified; agricultural services liens or financing SEE EXHIBI. A �~ .,3 The true consideration for this conveyance is S 265,000.00 (Here comply with the requirements of ORS 93.030) till.„_._ •:'�I Doled this 12th day of August 19 88 ` 1 L �__ HA OLD HAMBACH .�• ,ti c _- irsv u,` '� MILDRED HAMBACH ____. xc eft- I ;}, State of Oregon.County or Vitas h i ngt on State of Oregon,County of —" ' The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this ' 12th day of August 19a_by —day of 19�'by —.___ •=_i'! Harolii Hanibach and Mildred Hambach President and -- • �.•;;...,...; Secretary of -- 1 ' i /'"`".,°_ `t ��'�i);%t corporation, :'.i= 4 °� --k nu on behalf of the corporation. _-- ...;;1 1' !• l'' v� C C 442`3 -) -.... I Not�ryfrn i'i for Ore� My wmmisN9Ru81'eat 6/9/90 Notary Public for Oregon ii '';;' (1.7 O••.:'' My commission expires: =:! WARRANTY DEED This Space Reserved for Recorder's Use — HAROLn HAMBACH MILDRED HAMBACH = I .. , t:NANlap — TIGARD SCHOOL DISTRICT NO. 23J HAMrtr '::ii Until a change is requested,all tax statements shall be sent to the following address: - - I TIGARD SCHOOL DISTRICT NO. 233 ___ 13157 SW PACIFIC HWY. : j'. TIGARD, OHDGON 97223 _ Escrow No. 139595 Title No. 34-1.39595 _ After recording return to: TIGARD SCHOOL DISTRICT NO. 23J 13157'SW PACIFIC HWY. _ _ TIGARD, OREGON 97223 I7•E Tleor Fonts No 171 Statutory Warranty Deed 8/8S / 9 - y - I r. _. ....a -�'�r..,n..�,,:.. l.r..ry. . r:1 •..tc:�✓C:..;.: '.1: .;. - "S 'r,. •��,W,ik.t flu:"•�v-. 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I:ri;�•,v1� 1 - , ;:' i ♦ i.:;4 . 7.; .4.2...*":;.,'.:'::,..:;..'•,.; ;:'.i• af,,.)f+:4;1. ;:'. � rdJL7&'ice.`t°.,._ ....:C`u6✓o,:aann.., -- '� , _ A tract of land in the Northwest 1/4 of Section 13, Township 2 [::.;,..';',.? ' sit South, Range 1 West of the Willamette Meridian, Washington County, Oregon and being more particularly described as follows: fy' :'?'•'� Commencing at the northwest corner of said Section 13; thence Eli I .: ' North 89'37'47" East along the north line of said Section a °_�_ ,''2; distance of 1584.67 feet to the Northwest corner of that parcel of �;i land conveyed to Ralph D. Durkee et ux, rF .` Y p by Deed recorded �; ::_:. .: • September 8, 1959 in Book 422, Page 100, Washington County Deed ry�.i±_ ^4. Records, said point being the Point of Beginning of.the tract ``. I ` '.,i;• herein to be described; thence South 0.22'13" East along the west ' >'.:. line of said Durkee tract, 519.50 feet to a point in the North line tti ; ;' `{ of that tract conveyed to Portland General Electric, an Oregon rA `= ,, i Corporation, and described as Tract II in deed Book 967, Page 562 . and recorded March 22, 1974; thence South 89°37'47" West along said I .. s r._.. . ..,: North line of said Tract II a distance of 242.67 feet to the Alf southeast corner of that parcel of land described as Tract I in 1::::::::: - ;iS�i, said Book 967, Page 562; thence North 0'22'13" West 519.50 feet to `_re: the North line of said Section 13; thence along said north line I : North 89°37'47" East 242.67 feet to the Point of Beginning. ;:Y- r,,. t.1r.• "'�' Said tract is SUBJECT to the rights of the lying `'"^„ :�' g public 1 in within the IPt . 'iv right-of-way of S.W. Durham Road. `' ..,iii! 'Yr�,. 11:•. ,x 1DD{IBIT 'A' er DEED EXCEPTIONS _ II ei ^e1 statements covering crops, if any; rights of utilities to service existing lines; ®� unrecorded easement for water main ... ..'.Sail - ■ o STATE OF OREGON 1l =��ll County of Washington J SS '_- I 4..1i I,Donald W.Mason,Director of Assessment Aiand Taxation and Ex-Oificlo Rocordor of Con. tea • voyancos for said county,do hereby certify that 1, the within Instrument of writing was rocotved and rocordod In book of records of said county. _. • II, t Donald W. Mason, Director of s, • Assessment and Taxation, Ex- ya�, 011lclo County Clod( 1,g_.■ 15,a 191301111G 15 AN 9:49 —„_ ' 11 ,e __ , •r., Z,-.. .:.,;..,!:.t.::yt _,.,�•1. r: '. : i' ., H r'.i•{lffLlty a� 4 Gr ..:C'C_ ...._ --.c 9C•�.. .. :1 ti2': :.r:Vii::�`:,t:.i{ •4.17`n -:x...- ^•ry .� .��!_;} v.rM.Jld•. :I.•., St's $�. 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L.:'..;:::hf::: :. •'....:4::::::::::::.. ..0 .:0'....41Ri.. .::...:.!::2. ....II ••,-OilL''' . •.:::::: "L • •••••:;.•••• ••••L"LL!.....,.. . .. .,,, •.-...i.•.•••-...::.::::14P::::::.:q. •.. • I EXHIBIT H - Clean Water Services Sensitive Area Pre-Screen • • 04/2002 11:47 5034192600 "0" V:\IT l PAGE 01/02 ' Le � � � L NQV1320O8 J I Lt, tir g ivU v 0 6 2008 •� By meter Services File Number IBy CleanWatcr��`' Services 0 "�43Sz1 Sensitive Area Pre-Screenin• Site As essment • 1 .. City of Tigard V\CA ?-�o�,Y 1. Jurisdiction: c . If \Q fk"\\ U.-C-0 1.1. . �nor l,C \ (Z . I`1 tycti-c 2. Property Information (example 1 S234A801400) 3. O e a on I Tax lot ID(s): 2S113BA00200 and 401 Name: :.,,,t,s. ' V, . g,_ r Company: Tigard-Tualatin choot District Address:8048 SW Schaeffer Ln. I Site Address: 7950 and 7800 SW Durham Road City,State,Zip:Tigard, OR 97224 City, State,Zip:Tigard, OR 97224 Phone/Fax: �O 2 — LA b I--emu It,Q Nearest Cross Street:79th E-Mail: I 4. Development Activity(check all that apply) 5. Applicant Information 0 Addition to Single Family Residence(rooms.deck,garage) Name: Michele Simantel Iii Lot Line Adjustment • Minor Land Partition Company:WRG Design I © Residential Condominium 0 Commercial Condominium Address:5415 SW Westgate Dr. Suite 100 O Residential Subdivision 0 Commercial Subdivision Portland, OR 97221 ® Single Lot Commercial © Multi Lot Commercial City, State,Zip: Other Minor Modification to Site Development Review Phone/Fax:503-419-2500 E-mail:503-419-2600 5. Will the project involve any off-site work? 1 Yes Zi No ®Unknown ILocation and description of off-site work 7. Additional comments or information that may be needed to understand your project Requesting a PLA of 3,153 sf. &minor modification to build 10 parking spaces along west property line of IL 200 IThis application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEO 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. I By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of Inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document and to the best of my knowledge and belief,this information is true,complete,and accurate. I Print/Type Name Mic ele Simantel - Print/Type ride Planner,WRG Design Signature \ ''1 41\�1 � S Date 11/6/2008 FOR DISTRICT USE ONLY I ❑ Sensitive areas potentially exist on site or within 200'of the site, THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCEOF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. I . ❑ Based on review of the submitted materials and best available Information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas If they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained end completed under applicable local,State.and federal law. I X,Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,state and federal law, I 0,This Service Provider Latter is not valid unless , CWS approved site plans)are attached. ID The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER TER IS REQUIRE . IReviewed by _ Date / 0 O, 2550 S'.^1Hill& ru Highway • I l iitsbnrn,Dr000n 9/'1:':; • Phony,(-)3)431-;ton - =ax:(503i15;31-44,13 •),,vw,cl-nrn•altraseniicss.0r9 • MN MN = MN E M ' MO N N N M MN • -' MS M. I • - - ti1I cv : i : I 1.4'r-x .. .. ili . 1 / .„.. ___...... ._._:::____._____ . 6 - =_ DURHAM ROAD -+ . �: ! M _! _ t _ .,.,.,ow Five �.f,Y��� ®iYfS•fine��`t 1 t`�_ TIO/RD n �u:n ✓ t--n.'9e �i' �.`L��iiii r _ ofe V ;1 Y MAP �, 1 z c Lil EXISTING a.U ;'PROPERTY �.44 — U Z LINE �� P �`, I�Q 'STALL COUNT _ _- �\� 1 Y 1 g wi. Ui STALL REF/_O�'EO BY `� a ACCESS DRIVE 11 `/ `O JJJ EK PROPOSED STALLS.- _10 ." %s:: BUILDING W co �}v' J % •L�kf7 9 <.." r' '1t PARKI ' , all STALLS , .4 • � .': ,,%� O PROPO %j 3. w, a> PROP U NNE 'P' r \ //iiii::: ARE TO BE i%s;% (( i 0 IF TRAIJSFgRRED ;s ›.N "�VI ,2 43 AC1 -.,. iii f: � 7 Q.3 0-1 Illip j o 40 20 0 40 _ %i;"'< 'Q� .�� EXISTING CURB ci ) se ion, ---... °I n i v i i j.i.1:11t ````PLAYGROUND a Z z,,, ....., ,„ • . .......,(• Co m V O ■ • I ■ EXHIBIT I - Arborist Report et 0 .,s f Ohm it'd 7800 SW DURHAM RD. PARKING LOT IMPROVEMENT 1 TREE PROTECTION PLAN • Prepared For Tigard-Tualatin School District 23J 6960 Sandburg Rd. Tigard, Oregon 97223 (503)431-4000 1 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation ' MEMBER:Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contractor#5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035.503-635-3165•Vancouver360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: info@tclu.com • • • 1 1 1 U C� ' A CONTENTS Tree Protection Plan Narrative 1 Tree Protection Plan Check List 3 ' Tree Assessment 5 Tree Assessment Map 6 1 1 1 1 1 1 1 1 1 t 1 1 I ' ' ARBORIST REPORT • Subject: Tree Protection Plan Address of the Report: 7800 SW Durham Rd. Tigard, Oregon Date of the Report: November 10, 2008 Report Submitted To: Bonita Maplethorpe ' Tigard-Tualatin School District 233 6960 Sandburg Rd. Tigard, OR 97223 ' CC: Corey McManus, EIT Senior Project Designer • WRG Design, Inc. ' 5415 SW Westgate DR., Suite 100 Portland, OR 97221 corey.mcmanus@ wrgdesign.com Dear Bonita, I have reviewed the Metzger Parking Site Plan and I have visited the site. My understanding is the intent of the project is to modify the existing parking lot to include 10 new parking spaces placed among the six existing Giant Sequoias on the west side of the parking lot while preserving the trees. To protect the trees the following measures should be undertaken. 1. Wrap the tree's trunks with 1/2" thick plywood to prevent damage from equipment which will be operating at close quarters to the trees. The plywood may not be fastened directly to the tree by methods that will penetrate any part of the tree or otherwise damage the tree. ' The plywood will be used in lieu of standard wire tree protection fencing. 2. It will be necessary to prune away any lower tree limbs so as to provide 10 feet of vertical clearance above finish grade. Pruning shall be supervised by an I.S.A. Certified Arborist and shall be done to A.N.S.I. standards. ' 3. Any other limbs that may interfere with construction equipment clearance shall be tied back in a manner that provides access for the equipment and protects the limb from damage. 4. The existing boulder retained raised planters shall be removed down to original grade. A ' clay soil fill has been placed to create the planters after the Giant Sequoias had reached their current maturity. Care shall be taken not to damage roots that exist at original grade. Hand work will be necessary to remove the existing soil that is within six vertical inches of existing tree roots. Hand laborers shall be instructed to gently scrape away the last layers ' of soil above the roots working in radial direction outward from the tree's trunk. This work will require on site supervision by an I.S.A. Certified Arborist. Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER:Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contractor#5659•Chemical Application 0000231•Insured P.O. Box 1566•Lake Oswego, OR 97035.503-635-3165•Vancouver360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: infoPtclu.com Page 1 1 • • • 1 5. Pruning of roots 2 inches in diameter or greater shall be avoided. 6. Base fill for parking spaces shall be of a gap graded crushed rock such as 3 inch to 1 inch drain rock or washed 3/4"x #10 concrete aggregate. The back slope of the base rock shall be left open to atmosphere or an aeration system as approved as by an I.S.A. Certified Arborist may be used. 7. Final design of the parking lot system shall be reviewed and approved by an I.S.A. Certified Arborist. In addition to these special conditions and specifications standard specifications and conditions that. apply to this work have been attached. Sincerer 1 K i yon Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic #PN-0409 1 1 • • 1 1 1 Page 2 1 • Tree Protection Plan ' REVISED 7/27/05 SITE ADDRESS 7800 SW Durham Rd. Follow the below listed instructions in order to provide the proper protection before, during and after construction for trees#1 through #6. Before Construction: App. Non-App. • ' X ❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging and note their • size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review plans. X ❑ b. Check with local government agencies for tree protection ordinances. X ❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed ' to adhere NAA standards. ❑ X d. Leave a protective covering on the soil, i.e., existing groundcover or mulch. X ❑ e. Notify all other contractors that these trees are to be saved and protected. ' ❑ X f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems. Install tree protection sign on fence. Posts located 10' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we ' need to protect more than the drip zone. The drip zone into the trunk is the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some encroachment within ' the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) X ❑ g. Identify any insect or disease problems that may require treatment. • ' ❑ X h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. X ❑ i. Design landscape islands and planting areas large enough to accommodate trees at maturity. ❑ X j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. X ❑ k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the ' right place and proposed changes don't kill retained mature trees. ❑ X I. Consider tree removals adjacent to trees to be saved for wind related stability concerns. • 1 Page 3 1 App. Non-App. I X ❑ m. Check for past and proposed grade and drainage changes, consider the effects. o X n. Check trees for stability. I ❑ X o. Remove all trees that would not survive the effects of change. Remove all hazardous trees. X ❑ p. Minimize environmental changes. I II. During Construction: Keep equipment X ❑ a. Kee off of the root system to avoid compaction. I X ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs. I X ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint, herbicide, cleaner, thinners, etc. I X ❑ d. Provide means of temporary irrigation if the project runs through the summer. X ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and I repaired or treated according to his/her recommendations. X ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. I X ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save roots. X ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within I the drip zone or tree protection fencing for consultation. III. After Construction: I X ❑ a. Carefully landscape the area under the tree, being careful of the roots and structure. Use I plantings that will live under the same conditions as that of the tree. ❑ X b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-term protection plan if provided. I • X ❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new plantings alive can often be enough to kill mature trees. I X ❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the greater the chances of damaging the root system. I ❑ X e. Provide irrigation and/or drainage to emulate pre-construction conditions. NOTE: This tree protection plan identifies construction protection measures to prevent unwarranted tree loss. I The identified measures limit the amount of earth disturbance surrounding the trees, and limit the removal of the tree's root systems. Due to the variation of every project, it is unlikely all of the above identified measures can be practicably applied to each individual tree; nor is it likely each measure is necessary to I retain each tree. Prior to the beginning of construction a meeting between a certified arborist and the necessary contractors will be held to determine the appropriate level of protection for each tree, in relation to what work needs to be completed in the tree's vicinity. On site supervision by a certified arborist will be I determined and supplied as necessary. Page 4 • I . • • k. . :...a.-..-, -% ,fin I 4101imitEk • IARBORIST REPORT Subject: Tree Assessment I Address of the Report: 7800 SW Durham Rd. Tigard, Oregon • IDate of the Report: November 10, 2008 IReport Submitted To: . Bonita Maplethorpe Tigard-Tualatin School District 233 6960 Sandburg Rd. Tigard, OR 97223• ICC: Tony Roos WRG Design, Inc. 5415 SW Westgate DR., Suite 100 I Portland, OR 97221 tony.roos(twrodesign.com • I _ _ TREE ASSESSMENT NO. COMMON NAME BOTANICAL NAME DBH CONDITION COMMENTS EXEMPT 1 Giant Sequoia Sequoiadendron • 24 Good No I giganteum 2 Giant Sequoia Sequoladendron 22 Good No giganteum 3 Giant Sequoia Sequoiadendron 25 Good No I giganteum 4 Giant Sequoia Sequoiadendron 23 Good No . giganteum I 5 Giant Sequoia -' Sequoiadendron 24 • Good . No • giganteum 6 Giant Sequoia Sequoiadendron 19 Good No giganteum I Sincerel . 1 .y ,i on 794-) I Tree are & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic #PN-0409 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER:Tree Care Industry Association•Internationai Society of Arboriculture•Oregon Landscape Contractors Assoc. I State Licensed Tree Service#62635•Landscape Contractor #5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035.503-635-3165•Vancouver360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: info @tclu.com I � Page 5 • • . 1 •::.::':: • • • ' • • -- : • ' yl'i: i I 1/ 1 1 • : a . : — —L, 1-- - I; 1 •' - =_I--,==r-----7----- ,%1, .- C-777-T7-7 •:'< Ird r : I I •I , . . . ; a 1 d • ] ..s, . ■ NbiC ':: •.i • c- 771."' '' . -- —_,J-..-1--... .. L—,4"..L....■.. - .-L—..—L —..,.. .... .'-*..-.'.". , LI! 1 • • PROJECT .'P..- ..7--VICINITY -----------------i----7-.---'... - _ f , --,--- ....••-____,-: -_- ., I.' 1 1. I DURHAM ROAD - >....• . ,‘....-,- ...ra... v. [5.1 r4-- - MAI <•.,,, ocerce'---- mo . ....,. • -. I ,,,... I —..---2(.1:12427--7--.:7 ... . — --. ::-...77.---+."--4 . iii.'!''''!'•''-','"'-•• '''' .,•-• '.!' ii ',.--- — - -'-,.-,''''•---------: CI_ < • 2 ! - ' ._, ___,„_._ . ---uteas....... ... ....,- •-...-- . . ..... . ______-c.-------=,_=: ' IncARD I ,..., .. /Ai .,—____,s7_____--, . , .•• ./ .../„.-_-__ cw 4, /.:.--) . .,-''' i 0 . k. :.--/' •`•''' ---' /.• .- 7 / __ ._ , 1 -•••.,,,./ i DURHAM/ '1. • • r _----, U) i . I _____Le."4 I.....,...i ...., ,....,_, \ •.-I i .. •—•• ---,.:`/ „-'2"-- ) 7 U) u) . . `--,; .,'• n. ' i . . ' i ' i • W co VICINITY MAP • .e). . .• ./ • • • . I.. CD Li j : _.., . ' '.,_ ;.:.■■. ., ! MX TO'CAI ,. St '. 7',...1',:•.:•;: -1.., . /EXISTING ---s, ,...:i'.:.•.,7:7 ; ' < 0 F.: • PROPERTY \L , :::::i• '''. {,1 : 1 X . LINE • CC,• 1! V .--- ,.. r r r,•_._ I- < 6 s 1 , .... , Lir— LLI I- R S 1 1 ,j''' . -. ..."I ; ........, , I.- Z Z a 1 I STALL COUNT - . .- t•I co I-I-I (S v ,_,,___s.,,.,.:-,,.• • ,,,L--..,..,,-.-4-},A' i ..i rg ., . ., I STALL REMOVED BY 11 / -- KN '' i —----.: - Z nmi I ACCESS DRIVE ..___ __..... / ---- 4 --•••- • • ■ Y — .6 PROPOSED STALLS .10 ,''2- 0* , A-, ----- - BUILDING cC 2 a --OV 4- ..----- 630 CDV't-1 - `I.. c••■••• :t, 0.. 1 • .,' _,--"" -4".;•' ____.,.• I -.:•.: w CC D . - 1- p..4 t a • (/) AI STALLS (TYP) . .m,-, CC /. .4,faiir, i 0 , . ,11144. PROPERTY ,,, :LINE TRANSFERRED -. —3 ..........;..., ' • P' .1 -•4,4-,, T .,----. N uJ 2 • 1 31 5:1.4.5'6•W \ / 'D 4 '-..-11..i ----- . / y •---____--- -.... -.„ . SCALE- 1--40' s\''! t q \''''''',„ —, 1- 9 0 /. 4,,,,,,i,g, - --,.. •---_EXISTING CURE - 40 20 0 ,4 40 1 --•;•- ■,4 i EN7—--- 1- il i • --'":------- PLAYGROUND P w . ..._ • 3 'e2. - '---• F.- --- 11 , ;7o i -- i...... . _ --- _—__ ------- ---- • ., • Page 6 MI iiii iiii NM iiii 000 OM ii. OM iiii iiii ii. MN 11111 NM NIM Mili ii. OM EXHIBIT J - Stormwater Report 1U3 0 . • . I I . L I D E S I G N I N C. • _I MEMORANDUM ;4 To: Kim McMillan Via: Email 1 ICity of Tigard From: Cindy Sundborg, EIT I { Water Resources Designer IA4R° 9Sp° D E V ELOP1AENi • ' SERVICES Date: November 10, 2008 Project: Durham Elementary Access • imp� WRG#: TSD6701 Re: Revised Metzger Property—Swale Analysis • LAND • PLANNING The purpose of this memorandum is to evaluate the newly constructed swale for Durham Elementary I Access, located at the corner of SW Durham Road and SW 79th Ave in Tigard, Oregon. The Metzger property has been reconfigured;therefore the proposed site and Metzger property will be re-analyzed to determine whether the designed swale still has sufficient treatment and conveyance capacity to +. meet city code. CIVIL Water Quality ENGINEERING The impervious area required to be treated will include the proposed access road and parking lot, and impervious buildings and existing parking lot to the north.Also,due to the Durham Elementary Access n- development, water quality treatment for the adjacent Metzger property will be taken out. Therefore, ,,•I. . 1 approximately 31,058 sf (0.71 acres) of impervious area from the Metzger property will be collected ill ; and treated by the newly constructed swale for Durham Elementary Access site. This area includes the reconfiguration of the Metzger parking lot, which has added an additional 2,515 sf(0.06 acres) of ARCHITECTURE impervious area. Pervious areas will not need to be considered in the water quality swale calculations. A The total impervious surface area is outlined in Table 1. � j r„': . Basin ID square feet acres i o + Basin 1 440,088 0.92 l i` Basin 2 23,602 • 0.54 •i LAND 1 Basin 3 23,235 0.53 � SURVEY Basin 4 31,058 0.71 ;i I • Total Impervious Area 117,983 2.71 :i I Table 1 —Impervious Area I j The total water quality volume and flow were computed according to Clean Water Service ` ice Design j I . Standards and are stated below: i Water Quality Volume=0.36 (in)x Area (sf)=0.36(in)x 117,983(sf)=3,540 cubic feet 5415 SW Westgale Dr. 12(in/ft) 12 (in/ft) I Suite 100 Portland.OR i Water Quality Flow=Water Quality Volume(cf)= 3,540(cf) = 0.25 cubic feet per second 97221 14,400(sec) 14,400(sec) . i ' PH 503/419-2500 FX 593/419-2600 j • www.wrgd.coni • I S y' • Water Quality Swale • The water quality swale was designed in accordance with current CWS standards as follows: • Design Flow:Water Quality Flow • Minimum Hydraulic Residence Time: 9 minutes • Maximum Water Design Depth: 0.5 feet • Minimum Slope: 0.5% • Minimum Length: 100 feet • Manning's "n" value: 0.24 • Maximum Velocity: 2.0 fps (based on 25-yr flow) e' Using FlowMaster 2005 Software and the CWS standards, the water quality swale was designed with the parameters listed in Table 2. verage ep a ocl y esi ence o om W°id�i `' Swale Length (ft) Slope(%) Flow(cfs) (ft) (fps) Time(min) (ft) Swale 170 0.5 0.25 0.29 0.17 16.7 4.0 Table 2—Swale Parameters The newly constructed swale has the capacity to treat 0.31 cfs, while still maintaining a hydraulic residence time of 9.0 minutes. The swale is capable of handling 3.42 acres. Table 3 lists the amount of impervious area being sent to the swale from each basin, and the remaining capacity of the water quality swale. Impervious Area Used Description of Area (acres) Access Road& Parking lot(Basin 1) 0.92 Existing Parking lot&Building(Basin 2) 0.54 Existing Building(Basin 3) 0.53 Metzger lot(Basin 4) 0.71 Remaining Capacity of Swale 0.72 Table 3—Water Quality Swale Capacity • This peak flow is greater than the calculated WQF of 0.25 cfs for the proposed site; therefore, the swale has sufficient capacity to provide water quality treatment for the site, including the reconfigured Metzger property. Conveyance Swale Along with the water quality swale, the conveyance system has also been re-analyzed. The total impervious area is 117,983 sf. The pervious area, including grass/landscaped area, the football field, and the playground is 165,291 sf. Using FlowMaster 2005 Software and the CWS standards, the conveyance swale parameters are: • Velocity: 0.33 fps • Side Slope: 4H:1V for the first 0.5 feet, then can increase to 3H:1 V • Bottom Width: 4 feet • Conveyance Depth: 1.02 feet • Top Width (with max.water design depth at 0.5 ft and freeboard of 1 ft): 14 feet ' D E S I G N I N C. eh Conclusion The reconfiguration of the Metzger property will not affect the newly constructed swale located at Durham Elementary Access. The analysis shows that there is capacity to treat and convey flows from the site and from the adjacent Metzger property. 1 Attachments: Post Developed Basin Areas • • DESIGN INC. 1 1 1 i um wall =I • som 1111 mu Ism — 111111 II. IIIIII ion ma ma • IIIIII 111111 111111 • • • • • . , ,• izii 111 . . . • _, 0, (3, „ • ... . • .... -... m --. ' - W Ul PI .9' i>> 0 0 v) girl tv 0) 0 NJ CO ■_., ] f: , N M > _ --, — K C)— _ (..,,J tv n..) -4. -0 .-.`.1 — c.,., (A o ,--, cc) 0 o 1..) o) 0 -ri > CO (j1 04 0 00 ■-., X . 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G PROJECT NO. TSD6701 POST DEVELOPED BASIN AREAS . W R 0 E 8 i G N I N C, DATE: 11/10/08 DURHAM ELEMENTARY ACCESS CS BY: TIGARD-TUALATIN SCHOOL DISTRICT #23J TIGARD,OREGON 1-57534719......2500"tgate:Lel°......r.P°dF:nd.57°Ri.„..19927221600 SHEET NO, 02 .r..ss ''''' ''' ' , ' ” EXHIBIT K - Decision for Casefile SDR 2000-00016 C(<1 eloom 47C' • , it R I NOTI,. T CE OF: II D I ITEM'D.EY �LOP �NT=r �Y F= - ,. `m,.�, tN:� ,I� ��llf, ;S: .��'��00: �0. .0.16�:.' :� 't i.tr` ,'�y :<r{..�,d;.l. =;,7 ',',:., i�� :i 1.. r.�l r.� . �:LO., f :t Lr, , T:`L N: AQ USJ�I '{° T;. MI 2 II�� rl .clry o ,�. *•. ,Q1�•O•' OQ.Q I••`''' .a'.' �:�':''>,' F TIOARD' �:� ACKSON+'BUSINE ..` . p: .) $S�:�CENTE,R`�ADD;fTfO'N� . � 'SI+A,p,1,n,�y�li�lefF� Cogtm.uiiry,':� 120 DAYS = 1/18/2001 I .• SECTION I. APPLICATION SUMMARY I FILE NAME: JACKSON BUSINESS CENTER ADDITION ICASE NOS.: Site Development Review(SDR) SDR2000-00016 Lot Line Adjustment (MIS) MIS2000-00007 IPROPOSAL: The applicant proposes to construct a 10,320 square foot addition to an existing 21,000 square foot building and Lot Line Adjustment approval to adjust the eastern lot line to include 8,277 square feet. IOWNER: David Metzger APPLICANT: Nicoli Engineering P.O. Box 275 Jim Andrews, Project Mgr. I Sherwood, OR 97140 9025 SW Center Street PO Box 23784 - Tigard, OR 97281 ILOCATION: 7910 SW Durham Road; WCTM 2S113BA, Tax Lot 00300 and 7800 SW Durham Road; WCTM 2S113BA, Tax Lot 00200. IZONE: I-P; Industrial Park. The I-P zoning ' disttict provides appropriate ' locations for combining• light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness I centers, in a campus-like setting. Only those light! industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, desi n = and development standards in the I-P zone have been adopted gto insure: that developments Will be well-integrated, attractively '' landscaped, and pedestrian-friendly. • APPLICABLE . IREVIEW CRITERIA: . Community Development Code Chapters 18.360, 18.390, 18.410, 18.530, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795. Iand 1.8.810. • ISECTION II. DECISION i ^z' h .titer:. Noticeis`:h:ereb. iv� :�'• a�.. en�:ttatfhe`C`� 'of�;Ti=`artlC:o� rri•��ri �®'�w81o° � •�.-_ _.,y.g. wty. E,9._ .7v _ a�!....�Y�. yymet DirE:cto�s�dsi"nee-,.,�_ - �•�)� :.t :mom..:, ...�c.rC;t`. •:��=..b�.:�ln:`� _ ..t. -��7 r. ,�!l`r ha :A r s P'P13 E te,a ve��.r�":ue�: `l� 'e'cf�o°:c�' r• i _ �?. _,9- ..t:�,.:�j...t.. �..:s, ?��r-�� -;ra'ditao0sof�a: '.o�'..j�.• ;l`'`"�n-i�� s. d<CO n �! T :? ,:,' e. :..{?!A�h.4, .. ..�. .n, ' ._. '�e: 'Medan` 'ec o' •,r., r.... u) ... 1. •.�i; {, - I.A•L.F::4:: ..,{ A:. ..�k' nl.. l..�a�f ��. �'t.�h��, I NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 1 OF 20 I 1 a 1 CONDITIONS OF APPROVAL ' THE FOLLOWING CONDITIONS.SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: u•m evi•e ce o comp y ng.wi e o ow ng con.' ons o e - aiming 1'vision. • Staff contact: Mathew Scheidegger 503-639-4171, x317. 1. Submit a plan showing street trees at a minimum 3-inch caliper and spaced 20 to 30 feet apart. 2. Record a crossover easement for the access and walkways for both Tax Lots. 3. Submit a plan showing parking lot.trees to be at least 2-inches in caliper. I 4. Submit a narrative addressing one of the four methods of waste management that will 'be used according to.the Mixed Solid Waste and Recyclable Design Standards. I 5. Submit a verification letter that the franchise hauler approves the refuse container and location. 6. Submit a plan showing all parking stalls to the north and west of the proposed I addition that abut pedestrian walkways and the stalls that abut the boundary of the site will have wheel stops at least 4 inches high and located 3 feet back from the front of the parking stall. . • . 7. Provide directional signs for bicycle parking from the front of the building. 8. Submit a detail of the bike rack to be used. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMIT Submit.to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review I and approval: . 9. Prior to issuance of a site permit, a Street Opening Permit will be required for this project to cover the old driveway closure, new driveway construction, signal I modification (if necessary), and any other work in the public right-of-way. The applicant will need to submit five (5) copies of a proposed ublic 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. . ' 10. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual ;I or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the ' corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11. The applicant shall provide a construction vehicle access and parking plan for approval 1 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 shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of I any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application: and shall include the vehicles of all suppliers and employees associated with the project. I 12. Prior to issuance of the site permit, the applicant shall submit a suite layout map to Kit Church Engineering Department. Suite numbers will then be assiggned y the City and the address fee will then be calculated, which must be paid by the applicant prior to 1 issuance of the site permit. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 2 OF 20 I1 ' 13. The applicant's construction plans shall show that they will physically remove the I existing driveway at the western boundary of the site end replace it with concrete curb and sidewalk to match existing. The plan shall also show that the applicant will install street trees along the frontage of this site. I 14. Prior to issuance of the site permit, the applicant shall submit a plan that shows how they will provide onsite detention to.meet USA's Design and Construction Standards. I15. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards (adopted, by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building Ipermit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. • THE FOLLOWING:•CONDITIONS,SHALL.BE SATISFIED I PRIOR:,TO ISSUANCE;OF:THE:'BUILDING-PERMIT:,;::: u•mi o e ng neermg I epa men . =rian -ager, . , ex . : or review and approval: • , • I16. Prior to issuance of a building permit, additional right-of-way shall be dedicated to the Public along the frontage of SW Durham Road to increase the right-of-way to 35 feet from the centerline. The description shall be tied to the existing right-of-way centerline. I The dedication document shall be on City forms. Instructions are available from the • Engineering Department. . THE FOLLOWING CO:NDITIONS'SHALLBE:SATIS'FIED I PRIOR.TO:A•FINAL.BUILDING;INSPECTION:. Submit to the Engineering Department (Brian -Rager, 639-4171, ext. 318) for review and approval: I 17. Prior to a final building.inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering epartment. I 18: To ensure compliance with Unified Sewerage Agency design and. construction . standards, the applicant shall employ the design.engine.er responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and ' specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of,Tigard (Inspection Supervisor) with written confiratin that I the water quality facility is in compliance with the. design and specifications. Staff Contact: Hap Watkins,.Building Division. SECTION III. BACKGROUND INFORMATION ISite History: • Staff conducted a search of City records for the address (7910 SW Beveland Street). Based on this search, staff could not find any record of past land use activity. The property Iwas previously used as residential, with a single-story home on the property. Vicinity Information: Adjacent properties to the east and south are zoned I-P (Industrial Park) and are developed I with office/warehouse/manufacturing buildings. Property on the west:side is zoned R-12 and developed as an elementary school. Property on the side of SW Road is zoned R-12 (Residential, 12 units per acre)-and is developed with single-family residences. ISite Information and Proposal Description: The applicant.pro oses to construct a 10,320 square foot addition to an"existing .21,000 square foot building and Lot Line Adjustment approval to adjust the eastern lot line to include I 8,277 square feet. NOTICE OF TYPE 11 DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 3 OF 20 1 H1 SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET ' A letter was received from Merry Callahan who lives on SW Bond Street, near the intersection of SW Bond Street and SW 79 Avenue. Her letter listed a few concerns that can be addressed by Engineering. I First, Ms. Callahan is concerned about the additional traffic impact from this development and has asked for an assessment of the number of cars that may enter and exit this development on.a given.day. The City did not require a formal traffic impact report for this I development because the amount of traffic it-will generate is not considered significant. The City uses a similar guideline that is used by Washington County, and the City of Beaverton as to when a.traffic impact report should be required. For a street like Durham Road, with traffic volumes likely over 6,000 cars per day, a traffic impact report would not I be required if the development were goirig to add less than 500 trips per day. Based on estimates derived from the Institute:of Transportation Engineers, Trip Generation (Sixth Edition), the proposed office building addition will generate approximately 115 new trips per I average weekdays Because' of•the existing ,traffic signal, Staff has recommended a condition that Will require the applicant to modify the existing signal to accommodate the new driveway into this site. It is Staffs opinion that the applicant has sufficiently addressed the traffic impact from this development. Second, Ms.. Callahan indicated that she has a concern with the amount of green time for I the SW 79 ''Avenue leg of the signalized intersection. Staff spoke to the City Engineer -about this and found that there have been no other complaints of inadequate,green time. SW Durham Road is the primary leg of that intersection because it is an:arterial street, and I because of this and the large amount of traffic it carries, it is given the majority of the green time. The City Engineer does not intend to alter the timing of this signal. • Third, the letter raises a concern that because of heavy„congestion on SW Durham Road, I additional traffic from this development may use SW 79 Avenue to travel to and from the north. It is feasible that some portion of the site traffic will use SW 79 Avenue, but very likely the volume of trip will be less than 50% of the site traffic. It can be argued that the I existing width of SW 79 Avenue would meet the standards of a local residential street. A local residential street can accommodate up to 1,500 vehicles per day. At ppresent, there is approximately 800 vehicles per average weekday, baked on very recent traffic counts by the City. Even if 100%,of the site traffic used SW 79 Avenue (115 cars per day), Staff would not consider this si nificant, and certainly would not consider the additional traffic to I be overly burdensome on the existing street. In summary, this development will not have a neggative impact on the transportation system, I and by modifying the existing traffic signal and, locating the new site driveway across from SW 79 Avenue, the traffic impacts from the development will be adequately mitigated. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA • A. App'licable Development Code Standards 18.410 Lot Line Adjustment) 18.530 Industrial Zoning Districts) ' 18.705 Access Egress and Circulation) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off-Street parking and loading requirements) I 18.775 Sensitive lands) 18.780 Signs • 18.790' Tree Removal) • 18:795 Visual Clearance) I' 18.797 Water.Resources Overlay) B. Specific DR Approval Criteria 18.360 C. Street and Utility Improvement Standards ' 18.810 D. . Impact Study 18.390 I NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 4 OF 20 140 I I SECTION VI. APPLICABLE REVIEW,CRITERIA AND FINDINGS A. Applicable Development Code Standards I The Site development Review approval standards require 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 Chapters 18.360, 18.390, 18.410, f8.530, I 18.705, 18.730, 18.745, 18.755, 18.765, 113.775, 18.780, 18.790 18.795, and 18.810. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the following Development Code Chapters which are also listed under Section 18.360.090;A.1: 18.350 (Planned Developments), 18.715 I (Density .Computations), or 18.750 (Manufactured/Mobile Home Regulations). These Chapters are, therefore, found to be inapplicable as approval standards, and are not discussed in this decision. . Lot Line Aduustments (18.410): Approval criteria. Section 18.410.040: The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied:. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; INo new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. There is no minimum lot size for the I-P zone. In I any event, the lots will be 47,261 and 484,807 square-feet after the adjustment. Therefore, this standard is satisfied. • . By reducing the lot size; the lot or structures on the lot will not be in violation of the site development or zoning district regulations for that district; • Reducing the size of the larger lot and increasing the size of the smaller lot will not create a violation of the City of Tigard's Development Code or zoning district regulations. ' The resulting parcels are in conformity with the dimensional standards of'the zoning district, including: ;. . The minimum .width of the building envelope area shall meet the lot requirement of the applicable zoning district; - The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; . Each lot created through the partition process shall front.a public right-of-way by at least 15 feet':or have a legally.recorded minimum 15=foot wide access I . easement;and Setbacks shall be as required by the applicable zoning district. . - The width of the smaller lot at its shortest point is 149 feet wide. No flag lot will result from I this application. Each lot has frontage on SW Durham Road and each Tot has at least one access that is at least 15 feet wide. Both lots are zoned I-P, according to Table 18.530.2, no setbacks are required except 50 feet shall be required where the zone abuts a ' residential zoning district. Tax Lot 300 does abut a residential zone to the west and has a setback of 62 feet. Therefore, this standard has been met. With Regard to Flag-Lots: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation- from existing structures. I • A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation I 'areas for proposed development. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 5 OF 20 I . . 1 • I Neither lot will be a flag lot; therefore, this standard does not apply. I The fire district may require the installation of a fire hydrant where the length of an accessway would have detrimental effect on fire-fighting capabilities. According to the plans, the lengths of both lots are 322.feet 6 inches and a new accessway ' is associated with the. concurrent Site Development Review. A new fire hydrant is proposed 56 feet from the northern property line and located within the landscaping on the west side of Tax Lot 300. Tax Lot 200 has an existing fire hydrant located in the northern parking lot. Therefore, this standard has been satisfied. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shalt be recorded with the approved partition map. No common drive is proposed with this application. Therefore, this criterion does not apply. Any accessway shalt comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Both lots have existing access to SW Durham Road. Therefore, this standard has been met. Exemptions From Dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Plain maps show no floodplain and no greenway or right-of-way dedication is necessary with this application. Therefore, this standard does not apply. Variances to Development Standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, staff finds that the Lot Line Adjustment criteria , have been met. Industrial Zoning Districts (18.530): 18.530.050.B. states that lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: The minimum landscaping requirement shall be 20% of the site! The applicant shall meet the following performance standards with regard to the. landscaping plan approved as part of the site development review process: Street trees, as required by Section 18.745.040 C1 are to be installed with a minimum caliper of three inches rather than the two Inches as measured at four feet in height; the landscaping between a parking lot and street property line shall have a minimum width. of, 10 feet; All applicable buffering, screening and setback requirements contained in Section 18.745:050 shalt be satisfied. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. The applicant has requested the maximum allowable site coverage to be increased to 80%. In order to allow the increase, the landscaping requirement shall.be 20% of the site. The site plan showsthe landscaping to be 23% of the site. The applicant Will be conditioned to provide street trees at a minimum 3-inch caliper and spaced 20 to 30 feet apart. The landscaping between the parking area and the street property line is 10 feet.. Buffering, screening and setbacks are addressed later in this decision and the applicant has included an extensive care program for the landscaping associated with this project. Therefore, based on the completion of the following condition,the applicant may.increasethe lot coverage to 80%. FINDING: Based on the analysis above.,Staff finds that the Industrial Zoning Standards have not been satisfied. If the applicant complies with the condition below, the standards will be met. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 6 OF 20 1 I 0 r I CONDITION:Submit a plan showing street trees at a minimum 3-inch caliper and spaced 20 to 30 feet apart. Access, Egress and Circulation (18.705): I Walkways: . ' On-site pedestrian walkways ,shall comply with the following standards: Walkwayis shall extend from the ground floor entrances or from the ground floor Landing of stairs, ramps, orelevators of all commercial, institutional and industrial.uses1 to the streets I which provide the required access and egress: Walkways shall provide convenient • connections between buildings in multi-building commercial, institutional, and industrial complexes.. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; IPlans indicate that a walkway extends from the ground floor entrance of the existing 21,000 i square foot building to the sidewalk abutting SW Durham. To insure that the walkway will be available, a crossover easement will need to be recorded. IWherever required walkways cross vehicle access driveways or parking lots such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a I minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings or contrasting pavement materials are used. Walkways shall be a minimum of four feet I in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches . bicycle racks, and sign posts, and shall be in compliance with ADA ": standards; . I The existing walkway crosses a vehicle access by 24 feet. The walkway is stripped with appropriate pavement markings. I Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. I . The plans show the walkway paved with a hard surface material. Minimum Access Requirements for Commercial and Industrial Use: I Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705:3 indicates that the required access width for developments with less than 100 parking spaces is one 30-foot access with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and :41-'_ shall be located to within 50 feet of the primary ground floor entrances; additional I requirements for truck traffic may be placed as conditions of site development review. The development will have less that 100 parking spaces and has 2 points of access into the parking lot'off of SW Durham Road. Because the existing 21,000 square foot building and the 10,320 square foot addition is being reviewed as one project, a cross over easement will need to be recorded where the two tax lots abut to the north and south of the projects. t IFINDING: Based on the analysis above, Staff finds that the access and egress standards have not been satisfied. If the applicant complies with the condition below, the standards will be met. ICONDITION:Record a crossover easement for the access and walkways for both Tax Lots. Landscaping and Screening (18.745): IStreet Trees: Section 18.745.040 states that all development projects fronting on a public street or a arivate. drive more than 100 feet.in len th shall a required to.plant street trees in ccordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees I be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 7 OF 20 I 1 addressed. Therefore,this standard has been satisfied. � I Street trees have already be en a , • Buffering and Screening: Section 18.745.050 states that buffering and screening is required to reduce the I impacts on adjacent uses, which are of a different type in accordance with the matrices in this chapter (Table 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the.installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for I separation by a right-of-way, buffering, but not screening, shall be required as a specified in the matrix. The proposed construction is for an office/manufacturing building, which is allowed outright in This parcel abuts R-12 zoned land to the west side of the property, and I-P to , ' the I P zon e. p the east and south. According to the buffer matrix for the parking area, a y e C buffer is required next to a residential zoned property (west property line). As shown on the landscape Ian, the applicant has provided screening equal to a D-2 buffer which includes 15 feet of ' landsca ing along the west side of the property,with a 4.5 foot high decorative rock wall and a 6-foot'chain link fence to provide the required screening. Therefore, this standard has been met. 1 Screening: Special Provisions: Section 18.745.050.E 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 I one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3),feet wide and the landscaping shall be protected from vehicular damage,by some form of wheel guard or curb. 1 37 parking spaces are proposed on the west side of the property. According to the standard, 5 parking lot trees_ are required. The applicant has provided 6 parking lot trees, 4, 8-inch Vine Maples and 2, Pin Oaks. The applicant has positioned 2 of the required trees on 6-foot landscaped islands and has created a larger 18-foot landscaped island with , • 2, 11/2-inch Royal Red Maples, 5, five-gallon Doublefle Viburnum and 6, five-gallon Vibumums. However, all trees must be planted with a 2-inch caliper or greater. Therefore, the applicant will be required to submit a plan showing all trees to be 2-inches in caliper or ' greater. Screening of service facilities. Except for one:family and two-family dwellings, any refuse container or disposal I area and service facilities such'as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse ' materials shall be contained within the screened area; i All gas meters and other service facilities are located within the landscaped areas except i l the refuse container, which is addressed below. Therefore, this standard has been ,' satisfied. • Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection I area which would be visible from a public street, parking lot residential or commercial area or any public facility such as a school or park shall be shall or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. ii' • The applicant's plans show service facilities to be:located at the southwest end of the lot and screened with 6-foot concrete walls and chain link fence. The facility is separated from , the proposed truck parking area with a 4-foot island with 3, two-gallon Shrub Rose. • Therefore, this standard has been satisfied. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 8 OF 20 9 • I FINDING: Based on the analysis abovel the landscaping and screening standards have not been fully met. If the applicant complies with the condition listed below, the standards will be met. ' CONDITION:The applicant will be conditioned to submit a plan showing parking lot trees to be at least 2-inches in caliper. Mixed Solid Waste and Recyclables Storage (18.755): I Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. I . The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method I chosen, the.applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. . The applicant has not provided information. pertaining to any one of the four methods to I . demonstrate compliance with this chapter. Therefore, the applicant will be required to address one the four methods mentioned above. Location standards. I To encourage its use, the storage area for source-separated recyclable shall be co- located with the storage area for residual mixed solid .waste; Indoor and outdoor storage areas shall comply with Uniform Building and'Fire'Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior.storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in,a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site enhance security for users; Exterior storage areas can be located in a parking area Ito • if.the proposed use provides at.least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be .,. appropriately screened according to the provisions in 18.755.050 C design standards; I The.storage area shall be accessible for collection vehicles and C, design that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. I The location of the proposed refuse container is not in a required front yard and is centrally located for all users. The proposed location is not within a parking area. The applicant has not provided a service provider letter from the franchise hauler. Therefore, the applicant will be conditioned to submit verification tharthe franchise hauler approves the container and I placement. Design standards. The dimensions of the storage area shall accommodate containers consistent with I current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access.to users • and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of Imaterials accepted: The applicant has not submitted detail of the trash enclosure or refuse container. The applicant must submit. details. addressing the design standards in order for Staff to 1 determine that this standard has been met. I FINDING: Because the applicant has.not rovided evidence of compliance.with the mixed solid waste and recyclable design standards, this standard has not been met. If II the applicant complies with the conditions listed below, the standards will be met. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 9 OF 20 II • • • CONDITIONS: • Submit narrative addressing one of the four methods of waste management that will be used according to the Mixed Solid Waste and Recyclable Design Standards. 1 Submit verification letter that the franchise hauler approves of the refuse container and location. Off-Street Parking and Loading (18.765): Vehicle Parking Pan Requirements: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street .parking or loading areas shall be designed and constructed to • facilitate the flew of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705 Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails,fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The access drive has been addressed previously in this decision. Loading/Unloading.Driveways: A driveway designed for continuous forward flow of passenger vehicles for the purpose*of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 . people at one time. This application does not include a school or a meeting facility. Therefore, this standard does not apply. ' On-Site Vehicle Stacking For Drive-In Use: All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1 of the Development Code. No drive-in is associated with this application. Therefore, this standard does not apply. Curb Cuts: 1 Curb cuts shall be in accordance with Section 18.810.030.N. Curb cuts will be discussed later in this decision. ' Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a' drop-off grade separation, the property owner shall install a wall railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. The site plan does not indicated a grade separation between the existing parking area of tax lot 200 and 300. Therefore, no preventive barriers will be required. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 10 OF 20 '' ' • • Parking Lot Striping: 1 Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. • 111 The plans submitted show the parking spaces will be clearly marked. Therefor standard has been satisfied. Therefore, this 1 Wheel Stops: . Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front 1 three .feef of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area can not be calculated to meet landscaping or sidewalk requirements. 1 The applicant's site plan does not indicate that wheel stops will be provided for those parking stalls that abut the boundary of the development or those stalls at the front of the proposed building and on the west side that abut the pedestrian walkways. Therefore, the 1 applicant will be conditioned to have wheel stops that are at least 4 inches high and located 3 feet back from the front of those parking stall mentioned. Space and Aisle Dimensions: 1 Section 18.765.040.N states that: "except as modified for angled parking Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are : i8.5ifee 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact•space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 1 feet in width. The plans show the parking stalls to be 9 feet by 18.5 feet without extending into landscaped areas,which meets the minimum requirement for standard parking stalls. 1 Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located ' within parking aisles, landscape areas or pedestrian.ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parkin area is not visible from the Street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which 1 has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions maybe made to the latter requirement for parking on upper stories within a multi-story residential building. IThe applicant has provided six (6.) bicycle parkin spaces at the southeast corner of the • buildin The spaces are within 50 feet of an entrance, however, the spaces can not be seen from the street. Therefore, the applicant will be conditioned to provide directional 1 signs from the front of the building. Bicycle Parkin Design Requirements: Section 18:765;050.C. The followin design reirements apply to the installation of bicycle racks: The racks.required for requirements required bicycle parking spaces shall ensure that bicycles 'ma be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged u required; bicycle racks must be securely anchored to the b ground, wall or other structure; bicycle parking spaces shall be at least 2% feet by six feet long, and, 1 when covered with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside. or between each row of bicycle parking; each required bicycle parking space must be accessible without movin another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced" material i.e., pavers . a asphalt, concrete or similar material. This surface must be designed to remain well I a nedt. ma NOTICE OF TYPE II DECISION SDR2000.00016/JACKSON BUSINESS CENTER ADDITION PAGE 11 OF 20 1 I , • • The applicant has not provided a detail of the bike rack to be used. Therefore, Staff is unable to confirm that this standard is met. R Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in ' Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Table 18.765.2 states that for Office, 0:5 bicycle parking spaces are required for every 1,000 I square feet of gross floor area. The building has approximately 5,676 square feet of office space. Table 18.765.2 also states that bicycle parking is required for warehouse and light industrial square footage. Based on the calculations of these uses associated with this addition, no bicycle spaces are required. Therefore, only 3 bicycle parking stalls are required. The applicant has provided 7. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as 1 required in Table 18.765.2. According to the applicant, no tenants have been identified at this time, but assumptions have been made in order to estimate the square footage of the anticipated occu ancy.types, which I were used to develop the required parking spaces. A break down of estimated square footages is as follows: Office = (2.7/1000);therefore, (5,676 sq. ft. = 15 spaces). I Warehouse = (0.5/1000),therefore, (3,096 sq. ft. = 1.5 spaces). Light Industrial = (1.6/1000), therefore, (1,548 sq. ft. =2.5 spaces). I According to the estimated square footage of each use, this addition requires only 19 parking stalls. The applicant has provided a total of 37 parking stalls. i Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and , . maintain off-street loading and maneuvering space as follows: A minimum of one loading space' is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,0100 gross square feet or more. The proposed addition is 10,320 square feet. The plans provide one truck parking stall and 'I one truck maneuvering staging area." According to the City Engineer, the loading and i maneuvering space meets City specifications. Therefore,this standard has been satisfied. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met. I• CONDITIONS: • Submit a plan showing all parking stalls to the north and west of the proposed addition that abut pedestrian walkways and the stalls that abut the boundary of the site will have~wheel stops.at least 4 inches I high and located 3 feet back from the front of the parking stall. • • Provide directional signs for bicycle parking from the front of the building. • Submit a detail of the bike rack to be used. Signs (18.780)}: ;'• Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the C-G Zoning District. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 12 OF 20 G S . • I No signs are associated with this application: However, any sign will need to be approved b future applications for sign permits. Therefore, this standard has been deferred until time of application. I FINDING: .Based on the analysis above, Staff finds that the Sign standards can be deferred until time of application. Tree Removal (18.790): I Section 18.790.030 requires that a tree plan for the. planting, removal and protection of trees prepared by a certified arborist shall be rovided with a site development review application. The tree plan shall include identification of all existing trees identification of a program to save existing trees Or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods I that will be used by the applicant to protect trees during and after construction. According to the arborist report submitted, 236.5 inches of Sequoias were removed from the proposed site. The owner has replanted 114.6 inches of Sequoias along the perimeter of the I project and 187 inches of trees within the landscaped areas of the project totaling 301.6 inches — 65.1 inches in excess of the combined diameters of the trees being removed. • Therefore,this criterion has been satisfied. I FINDING: Based on the analysis above, Staff finds that the Tree Removal criteria have been met. Visual Clearance Areas(18.795): I Chapter 18.795 requires that a clear vision,area shall be maintained on the corners of all property.adiacent.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, I 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 (8) feet in height (8) (trees may be placed within this area provided that all branches be ow eight (8) feet are removed). A visual • clearance area is the triangular area formed by measuring a 30-foot distance along the I street right-of-way and the driveway, and then connecting these two (2), 30=foot distance points with a straight line. The applicant does not propose anything to be constructed in the visual clearance triangle. j I Therefore,this standard does not apply. FINDING: Based on the analysis above,the vision clearance standards have been met. C. Specific Site Development Review Approval.Standards Section 18.360.090(A)(2) through 18.360.090(A)(15)) provides additional Site Development Review approval standards not necessarily covered.by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains 110 elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: . I 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); and 18.360.090.9(Demarcation of Spaces). I The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: I 18.360.090.4 (Buffering, Screening and Compatibility Between.Adjoining Uses; 18.360:090.13 (Parking); 18.360.090.14(Landscaping); 18.360.090.15 (underlying zone); Relationship to the Natural and Physical Environment: . I Buildings shall be: located' to preserve existing trees topography and natural - drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or ocated-to provide adequate distance between j adoining buildings for adequate light, air circulation and fire-fighting; and oriented with. consideration for sun and wind.. Trees shall be preserved to the extent I possible. 'Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 13 OF 20 • . ' I • The applicant's plans have considered the natural environment on the site by locating the in as far.away from the residential zone abutting the west side of the subject property ' ' building y without sacrificing the intent of the project. Out of the 12 existing trees on the property, 11 are to be relocated. 100-year floodplain i I Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open I land area for greenway adjoining and within the:flood lain. This area shall include portions at a suitable elevation for the construction of pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/ bicycle plan. No landfill or development is being done within a floodplain. I Crime Prevention and Safety,: • . Windows shall be located so that areas vulnerable to crime can be surveyed ' by the occupants; . Interior laundry and service areas shall be located in a way that they can be observed by others; . Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; . The exterior lighting levels shall be selected and the angles shall be oriented • towards areas vulnerable to crime; and ' . Light fixtures shall be provided in areas having heavy pedestrian or vehicular :traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so.that light patterns overlap at a height of seven feet, which is sufficient to illuminate a I person. Windows are oriented towards the entrance of the building. The City of Tigard Police Department has reviewed this project and has no objection to it. I Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the I . requirements for transit facilities shall be based on: the location of other transit facilities In the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. . . . 1 Public transit is available on SW Durham Road and pedestrian access to SW Durham has been provided via walkway connections. . Drainage: I All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; Drainage will be discussed under the Street and Utility Section below. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set I forth in ORS Chapter 447; For this project, 2 disabled parking spaces are required and the applicant has provided 2 spaces that are 9 feet wide and 8-foot access isle. Therefore,this criterion has been satisfied. I Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless I modified by other..sections or this title, lanned Developments, Chapter 18.350; or a variance or adjustment granted under e.g.,Chapter'18.370. Dimensional Requirements: I NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 14 OF 20 I II • I . TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD : I-P .-Proposeed . Minimum Lot Size None 47,261 sq. ft.•I Minimum Lot Width 50 ft. 149 ft. Minimum Setbacks - I - Front yard 35 ft. 117 sq. ft.• Side facing street on corner&through lots [1] 20 ft. - Side yard . 0/50 ft. [3] • 63 ft. - Rear yard 0/50 ft. [3][4] 96 ft. I . . - Distance between front of garage&propertyline . . abutting a public or private street _ • . . - 111 Maximum Height 45 ft. 27 ft:i•Maximum Site Coverage[2] 75% [5] 77% . Maximum.Landscape Requirement . . 25%[6] . . . 23% I [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces. • [3]No setback shall be*iequired except 50 feet shall be required where the zone abuts a residential zoning district. Development in Industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. 1 (4] [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. FINDING: Based on the analysis above, the Specific Site Development Review Approval . Standards have been fully met. •Street And Utility Improvements Standards(Section 18.810 ): . . I • Chapter:18.810.provides construction standards for the im lementation of public and private facilities and utilities such as streets, sewers, and drainage: The applicable . .standards are addressed below: . Streets: . I ..Improvements: Section 18.810.030.A.1 states.that streets.within .a development and streets adjacent shall be improved in accordance with the TDC standards. ' Section 18.810.030.A.2 states that any new street or additional street width planned as apportion of an existing street shall be dedicated and improved in accordance with the . T. • r I Minimum Rights-of-Way and Street Widths: Section .18.810.030(E) requires an arterial street to have a 6.0 to 90--foot right-of-way width and a 40=foot minimum paved section. : Other,improvements required may include on-street parking, sidewalks and bikeways, underground utilities,street lighting,storm.drainage, and streettrees. . . This site lies adjacent to SW Durham Road, which is classified as an arterial street on the City of Tigard Transportation Plan Map. At present, there is approximately 30 to 35..feet of right-of:way. (ROW) from centerline; according to the.most recent tax assessor's map. The I . applicant.should ensure that there is a minimum of 35 feet of ROW as suggested by the applicant's__.pplan. If there. is less than 35 feet from centerline, the applicant must dedicate . additional ROW.. SW Durham Road is currently improved with curb. and sidewalk in this area The City recently completed a traffic signal at the intersection of SW Durham-Road and SW 79 Avenue, across from the proposed driveway. In order to mitigate the impact from this ' development, the apppplicant should add street trees along the:frontage of the site and make any necessary modifications-to the traffic signal and controllers to accommodate the new driveway. The applicant will also need to close :an existing driveway adjacent to the . western property boundary in order to construct the new driveway across from SW 79 I Avenue. The old driveway apron shall be removed and new curb and sidewalk shall be • installed in its place. NOTICE OF TYPE ll DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 15 OF 20 I , • Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City ' design standards and be located on both sides of arterial, collector and local residential streets. There are existing sidewalks on SW Durham Road. No additional sidewalk work is needed, I except for what is needed to fill in for the old driveway approach at the western property boundary. Sanitary Sewers: I Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in I accordance with the provisions set forth in. Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. ! I Over-sizing: Section 18.810.090.0 states that proposed sewer systems Shall include consideration of additional development within the area as projected by the Comprehensive Plan. I The applicant's plans indicate the new building will be served from an existing 6-inch sanitary sewer stub that was provided to this site. The applicant's contractor will need to verify the location of that lateral prior to connection. 111 Storm Drainage: . General .Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. I Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough.to accommodate potential runoff from its entire Upstream drainage area, whether inside or outside the development. The I City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface :Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The project plan will not negatively. impact the upstream drainage basin because the upstream°area is accommodated by the storm system in SW Reiling Street: Effect on Downstream Drainage:. Section. 18.810.100.D states that where it is I .,. anticipated by will ::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' have been made for I storage .of additional runoff caused by the development in accordance with the . Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions I or amendments). • In 1997, the UnifiedSewerage Agency (USA) completed a basin study of Fanno Creek and adopted the Fanrio Creek Watershed Management Plan. Section V of that plan includes a I recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City, will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Greek. For those developments adjacent to Fanno Creek, the storm 1 water runoff will be permitted to discharge without detention. The applicant's plan is not clear as to how onsite detention will be provided. Stormwater I treatment is adequately addressed, but the 25-year detention does not appear to be addressed. There is adequate space on this site to accommodate at least below-grade detention so Staff is confident that this standard can be met. Prior to issuance of the site I permit, the apPlicant shall demonstrate how they will , meet the onsite detention requirement. . NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 16 OF 20 I I Bikeways and Pedestrian Pathways: • Bikeway Extension: Section 18.810.110.A states that 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 Iof easements or right-of-way. No bikeway is associated with this project. Therefore, this standard does not apply. Cost of Construction: Section 18.810.110.B states that development permits issued , I for planned unit 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. INo bikeway is associated with this project. Therefore, this standard does not apply. Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways I Within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. I No bikeway is associated with this project. Therefore, this standard does not apply. • Utilities: ' • Section 18.810.120 states that all utility lines, but not limited to those required for I 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 1 operating at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the underground services; . . The City reserves the right to approve location of all surface mounted facilities; I . All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed.prior to the surfacing .of the I . streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. I Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a . developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve'the development and the approval authority determines that the z:cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- , grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage 1 development for which under-grounding:would result in the placement of additional I poles, rather than the remova of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding.. IAll overhead utility lines along SW Durham Road were placed underground as a part of the 1 recent improvement. No additional requirements are necessary. I ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public.Water System: I The applicant proposes to extend the existing onsite water system to serve the new building. If any public water line work is necessary, it must be covered by a Street Opening Permit from the Engineering Department and must be reviewed and approved by the Public Works Department. I I NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 17 OF 20 I ■ Storm Water Quality; . The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and-Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 ercent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. • Prior .. ' r to issuance of the site permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant intends to install a manufactured unit made by StormTreat Systems, Inc. This type of facility has been approved by the City on prior projects because the manufacturer information shows that these systems will achieve the total phosphorus removal required by the USA standards. To ensure compliance with Unified Sewerage Agency design and construction standards, the applicant shall employ the design engineer responsible for the design n and specifications of the private water quality facility to perform construction and visual observation of the water:quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Grading and Erosion Control: USA Design and'Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. A grading plan shall be submitted with the building plan submittal. Address-Assignments: The. City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in:the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance • of the site.permit For multi-tenant buildings, one address number is assigned to the building.and Then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in.the City's permit tracking system. Based upon the information provided by the applicant this building will be a multi-tenant building. Prior • to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the numberof suites that must be addressed. In multi-level structures, ground level suites shah have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. D. Impact Study (18.390) ' Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. 1 NOTICE OF TYPE 11 DECISION SDR2000-00016IJACKSON BUSINESS CENTER ADDITION PAGE 18 OF 20 I ' • I In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval I requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which proportional to the impact the proposed development will have on the public. IThe applicant has provided an impact study addressing the project's, impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by I Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's of approximately $21,31.1 based on the 5,676 square feet of office, 3,096 square feet of warehouse and 1,548 square feet of Ilight industrial proposed: Based on the estimate that total TIF fees cover 32 percent of the impact on major street I improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $66,597 ($21,311 d ffi divided by .32). The difference between the TIF paid, and the full impact, ! is considered the unmitigated impact on the street system. The.unmitigated impact of this project on the transportation system is $45,285.87. The applicant has been required by the Engineering Department to plant street trees and fill in an old driveway approach with a I new curb and sidewalk. Based on the cost of these improvements, the requirements are . more than roughly proportional to the unmitigated impacts. At most the.applicant would be required to dedicate no more than 5 feet of right-of-way at 12 dollars per linear foot, for a value of $8,940 thus it is easily roughly proportional to the unmitigated impact of ' $45,285.87. SECTION VII. 'OTHER STAFF COMMENTS I The City of Tigard Building Division. has reviewed this application following comments: g pp Ion and offered the Move new hydrant 200 feet south and 40 feet east. The City of Tigard Police Department has reviewed the proposal and has no objections I to it. The City of Tigard Operations Department comments were received in-the form of a letter concerning procedural issues related to tree removal. ISTAFF RESPONSE: • Discussions were conducted via telephone conversations. • The City of Tigard Utility Manager has reviewed this application and offered the following Icomments: • Since this is an addition to an existing building, we will not require a separate domestic water for the new addition. We will, however, want to make sure that the . I existing 1-inch meter is capable of meeting all service requirements. Applicant will need to provide the Water Division, the water usage calculations for both existing building and proposed addition. I SECTION VIII. AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the proposal and has no objections to it. Unified Sewerage Agency comments were received in the form of a letter. IStaff Response: USA's issues have been addressed under the street and utility NOTICE OF TYPE II DECISION SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 19 OF 20 1 I • 1 improvement section of this decision. I Portland General Electric has reviewed the proposal and has no objections to it. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: I Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance I X Affected government agencies Final Decision: . 2000,AND BECOMES :. ' " ` . THIS DECISION IS FINAL ON NOVEMBER_13, ,� .. ., . � ; , EFFECTIVE ON NOVEMB.ER.30, 20,00..UNLESS AN APPEAL:IS.FILEp.,:.:: Appeal: E The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may.appeal this decision in • accordance,with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. I Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period: Additional evidence concerning issues properly raised in I the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any - additional rules of procedure that may be adopted from time to time by the appellate body. LTHE DEADLINE FOR FILING AN APPEAL IS AT'.5:0o PM ON'NOVEMBEI' 29, 2000. I Questions: 'I If you have any questions, please call the City of Tigard Planning;Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503)639-4171. ,//0/', -. y4:,-„„ , .�� -_: —= November 13, 2000 I PRE'A' ? B • -....Mathe Sidegger DATE As • a t Planner 1 le. , A - L'4 ki November 13, 2000 APPROVED BY: Richard H. Bewe pdorff DATE I Planning Manager 1:\curpinlmathew\sdr\SDR2000-00016.dec.doc.dot I NOTICE OF TYPE II DECISION .SDR2000-00016/JACKSON BUSINESS CENTER ADDITION PAGE 20 OF 20 . W • 1 ;� • W; • me�vr • 'i ' f . jiA G a7� •• ........ 1 is•.n•.• • 1 rili liM sir.• ...9.... . L.:4..7.2.mum y.vw 1__ l S I i 1. LitK011, i Ia.eald■... K V. • I . P ^SI ` 1 was . i; �� E%/Ai.kii j •. [ • : 1 . gl i z„ . L____ 411.Komm... •I flir li 1 . jam 1 rc I II., 1. R 'i¢ fir..•. 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Plot date:Sep 26,.2000;C:'rnagic\MAGIC03APR • EXHIBIT L - Decision for Casefile CUP 2007-00004 ,r tr) • 120 DAYS =3/20/2008 DATE OF FILING: 2/8/2008 DATE MAILED: 2/8/2008 FFr3 z A /.008 I CITY OF TIGARCI evin 6 Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number: CONDITIONAL USE PERMIT (CUP) 2007-00004 Case Name: DURHAM ELEMENTARY SCHOOL ACCESS IApplicant's Name/Address: Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard,OR 97223 Owner's Name/Address: Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard,OR 97223 I Address of Property: 8048 SW Shaffer Lane and 7800 SW Durham Road Tigard,OR 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No.2S 113B0,Tax Lot 300;2S 113BA,401 and 500; and 2S113BA,Tax Lot 200. IA FINAL ORDER INCORPORATING THE FACTS,FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE, THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE,MATERIALS, OOMMENTS OF REVIEWING AGENCIES,THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. I THE HEARINGS OFFICER HELD A PUBLIC HEARING ON JANUARY 28, 2008 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. I Request: > The applicant requests Conditional Use Approval to relocate the access drive to the Durham Elementary School, currently located along SW Shaffer Lane,to a new access to align with SW 79th Avenue. The new alignment involves art intersection with SW Durham Road that would cross the adjacent property to the east. The applicant also I requests 20 additional parking spaces. At the January 28, 2008 public hearing, the Hearings Officer approved this request, subject to conditions of approval contained within this final order. Zone: R-12 (HD): Medium-Density Residential District; and I-P: Industrial Park District. Applicable Review Criteria: ICommunity Development Code Chapters 18.330, 18.390, 18.510, 18.530, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. IAction: > ❑ Approval as Requested © Approval with Conditions . ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies I © Interested Parties © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development IDepartment at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON FEBRUARY 8,2008 AND BECOMES EFFECTIVE ON FEBRUARY 26,2008 UNLESS AN APPEAL IS FILED. Appe eal: Th decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with. 111 standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The I appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. ITHE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 25,2008. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. . 45 a4 Ji ,$ - 45 31 .G. • • _ -1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Tigard-Tualatin School District 23J)F I N A L ORDER t for a major modification of a conditional use permit to relocate ) I the access drive serving the existing Durham Elementary ) CUP2007-00004 1 School at 8048 SW Shaffer Lane in the City of Tigard, Oregon ) (Durham Elementary) j A. SUMMARY 1 1. Rob Saxton filed the application on behalf of Tigard-Tualatin School District '1 23J (the "applicant"). The applicant requests approval of a major modification of a 1 conditional use permit to relocate the access drive serving the existing Durham a Elementary School at 8048 SW Shaffer Lane; also known as tax lots 2S113B0,00300; 2S113BA,00401;2S113BA,00500;and 2S113BA,00200 (the"site").Access to the Durham 4 1 Elementary School is currently provided from Shaffer Lane west of the site.The applicant proposes to close the existing Shaffer Lane access and construct a new access road extending east of the school and intersection Durham Road at the existing signalized intersection with SW 79th Avenue.The applicant also proposes to provide an additional 20 parking spaces to serve the school and the adjacent Durham Center north of the school.The proposed access 4 is to be constructed across Tax Lot 200 with a drive serving the school property involving 1 111 Tax Lots 401, 500 and 300. Additional basic facts about the site and surrounding land and 1 applicable approval standards are provided in the Staff Report to the Hearings Officer dated January 22, 2008 (the " Staff Report"), incorporated herein by reference. 1 2. Tigard Hearings Officer Joe Turner (the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter.At the public 1 1 hearing City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. The owner of Tax Lot 200 testified in opposition to the proposed access. Other than service providers,no one testified orally ' II in writing. Disputed issue in this case include: a. Whether changes to the existing traffic patterns will have a significant I impact on the Metzger property, tax lot 200;. b. Whether the hearings officer can require that the applicant utilize other 1 alternative access locations; c. Whether the proposed access will encourage trespass onto the Metzger 1 property and expose the Metzgers to increased liability; and d. Whether the alleged impacts to the value of the Metzgers' property are relevant to the applicable approval criteria. ' I 111 1 • • • 3. The hearings officer concludes that the applicant sustained the burden of proof I for a conditional use permit based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer held a duly noticed public hearing on January 28, 2008 to I receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after t ■ he hearing, and an audio record of the hearing. At the beginning of the hearing, the I hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. 2. City planner Gary Pagenstecher summarized the Staff Report. He requested the .: q : hearings officer modify condition 23 as set out in his Memorandum dated January 28, I 2008. 3. Attorney Kelly Hoesseni, engineer Tony Roos, transportation engineer Chris IMaciejewski and planner Erin Engman testified for the applicant. a. Ms. Hoesseni summarized the history of the existing school access and I the alternative access locations the applicant considered. The applicant concluded that the proposed access is the safest option,because it provides access at an existing signalized intersection and allows the applicant to close two existing driveways onto Durham Road. I She accepted the proposed conditions of approval as modified at the hearing without I I objections. l b. Mr. Roos testified that the applicant will provide a dedicated eastbound I right turn lane on Durham Road at the 79th Street intersection, which will mitigate the 4 impacts of increased school traffic on Durham Road. The applicant designed the 7.9`h '' Street/Durham Road intersection with sufficient turning radius to allow school buses and 1 I fire trucks to utilize the new access without entering the oncoming traffic lane. The proposed 36-foot wide access road will allow for on-street parking and two-way traffic flow. The applicant will provide a sidewalk between Durham Road and the school to I accommodate pedestrian traffic. The applicant will install a fence on the south side of the access road to prevent children from straying into the road from the play fields. y Ic. Mr. Maciejewski testified that the design of the proposed access Li intersection is intended to enhance traffic flow on Durham Road. The eastbound right Li turn lane at the Durham Road/79`h Street intersection will offset the increased traffic II I generated by the school. He noted that the school bus drop off area is separated from the a parent drop off area. The applicant will install traffic calming measures on the access road, including a"speed table" at the school site to accommodate pedestrians crossing the 11 a I access road. The revised parking lot design allows the school and the Durham Center to share access and parking areas. diJ CUP2007-00004 Hearings Officer Final Order 1 I (Durham Elementary Access) 4 Page 2 i I .. • • ' 1 i. He testified that the applicant is concerned about vehicles queues I ' at the Durham Road signal blocking access to the Metzgers' property. However such I impacts are relatively short lived and minor. The Metzgers' property generates an average of ten vehicle trips during the school peak hour. The applicant could install signs a urging drivers not to block the intersection in order to maintain access to the Metzgers' { I property. A four-way stop at the intersection of the proposed school access and the j driveway to the Metzgers' property would create traffic backups that would impact the Durham Road/97`" Avenue intersection. ! d. Ms. Engman summarized the developments compliance with the applicable approval criteria. 1 I 4. David Metzger testified on behalf of Metzger Ventures, the owner of tax lot 200, where the applicant proposed to access Durham Road.He argued that the proposed access will impact the value of his property. He expressed concerns that his company will be held liable for accidents or injuries that occur at the proposed Durham Road intersection. He argued that buses and cars waiting for the traffic signal on Durham Road , I will block access to his property. Some drivers seeking a faster route may travel around the buildings on his site to exit via the entrance only driveway on the eastern portion of a his property. He argued that other alternative means of providing access to the site are i 1 available and should be utilized in order to avoid impacts to his property. 1 5. The hearing the hearings officer closed the public record at the end of the I hearing and took the matter under advisement. C.DISCUSSION i I 1. The Staff Report identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards I identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a major I modification of a CUP, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of ' the development consistent with the requirements of the TMC.The hearings officer adopts the findings and conclusions in the Staff Report, as modified, as his own. 1 2. There is no dispute that the proposed access road will cause some impacts to 11 the Metzger property, tax lot 200, changing the existing traffic flow and increasing 1 congestion at the existing signalized access to Durham Road. Under current conditions I the Durham Road access functions as a private driveway serving only the Metzger property. The proposed access drive will increase the volume of traffic using the access and create conflicting turning movements—traffic entering or leaving the school will conflict with traffic entering or leaving the Metzger property. However the hearings CUP2007-00004 Hearings Officer Final Order (Durham Elementary Access) Page 3 ;' I. • • 1 officer finds that such impacts are not significant given the relatively short duration of the I peak traffic period for the school and the low volumes of traffic accessing the school and the Metzger property during these peak periods. I a. Based on Mr. Maciejewski's testimony, the Metzger property currently generates an average of 10 vehicle trips during the schools peak hours. Based on the January 17, 2008 Memorandum from Joyce Woods, the principal of Durham Elementary, I to Kelly Hossaini, the majority of school traffic occurs during a thirty minute peak period between 7:50 and 8:20 in the mornings and a second 45 minute peak period between 2:00 and 2:45 in the afternoons. An average of 11 to 12 buses and 15 to 30 passenger cars I arrive and depart the school during these peak periods. The school generated traffic must exit via the 79`h Street/Durham Road intersection, creating a potential conflict with the existing traffic generated by the Metzger property. This additional traffic may be I perceptible, but it will not exceed the capacity of the intersection or cause or exacerbate a traffic hazard based on the applicant's traffic engineer analysis. Mr.Metztger's unsubstantiated concerns about potential conflicts are not sufficient to overcome the I expert testimony of the applicant's traffic engineers. • 1 b. The hearings officer finds that the applicant should be required to install "Do Not Block Intersection" signs at the intersections of the access road with the li driveways serving the Metzger property to ensure that drivers are aware of the driveways and potentially conflicting traffic movements. A condition of approval is warranted to that effect. I • c. Mr. Metzger expressed concerns that drivers will ignore such signs. In , addition, he argued that some drivers may travel through his property and attempt to y I access Durham Road via the existing entrance only driveway on the east portion of his property. The hearings officer finds that reasonable prudent drivers will observe 3 applicable traffic control signs and access limitations in the area. Unfortunately not all Idrivers are prudent. However there is no evidence that the development proposed in this application will contribute a disproportionate share of imprudent drivers. • I 3. The hearings officer has no authority to require the applicant to utilize an alternative accessway as suggested by Mr. Metzger. The hearings officer's jurisdiction is limited to review of the access proposed by the applicant. If the proposed access Icomplies with the applicable approval criteria it must be approved, regardless of whether other alternatives are available that would have less impact on the Metzgers' property. In addition, as outlined in the applicant's alternatives analysis, the other access points noted ' I by Mr. Metzger would not comply with applicable approval criteria because they would increase existing congestion problems on Durham Road. 1 1 I 4. Mr. Metzger expressed concerns that the access easement across his property will expose him to increased liability for accidents that may occur on his property. l al However such liability concerns are not relevant to to the applicable approval criteria for I this development. In addition, there is no substantial evidence that the proposed access will significantly increase the Metzgers' potential liability. The potential liability for the CUP2007-00004 Hearings Officer Final Order I (Durham Elementary Access) Page 4 i I • • 1 accessway is no different than for similar.shared driveways and access ways in the area. 7 Y Y Y There is no substantial evidence that similar existing driveways elsewhere in the City have created an unusual hazard or exposed adjacent or underlying property owners to excessive liability. 5. Mr. Metzger argued that the proposed access will facilitate students trespassing onto his property. The proposed development will create a pedestrian pathway across the , northern corner of the Metzger property,which may increase the potential for trespass . and other nuisance or illegal activities. However the hearings officer finds that there is no I I substantial evidence in the record that significant trespass problems will arise. The 1 proposed sidewalk,which is located on the north and west sides of the access drive, away from the majority of the Metzger property, will not substantially enhance access to the , Metzger property compared to existing conditions. Similar access is currently available . from the existing sidewalk along the Metzger property's Durham Road frontage. There is no evidence that this existing access has generated significant trespass concerns. The I - Metzgers have adequate legal recourse to address any trespass problems that may arise. 6. The potential impact of the accessway on the value of the Metzgers' property is irrelevant, because it does not relate to any of the applicable approval criteria. The . iii School District must compensate the Metzgers' for the value of the easement over their property. In addition, the School District may be required to compensate the Metzgers to I any reduction in the value of their remaining property caused by the easement. However such compensation issues are beyond the scope of the hearings officer's jurisdiction in k this proceeding. Compensation issues are within the jurisdiction of the Circuit Courts. t D. CONCLUSIONS il Based on the findings and discussion provided or incorporated in this final order, 3' the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit does or will comply with the applicable criteria of the g Community Development Code,provided development that occurs after this decision , complies with applicable local, state, and federal laws and with conditions of approval I warranted to ensure such compliance occurs in fact. ill E. DECISION 1 In recognition of the findings and conclusions contained herein, and incorporating 1r the Staff Report and public testimony and exhibits received in this matter, the hearings 11 officer hereby approves CUP2007-00004 (Durham Elementary Access), subject to the I following conditions of approval: 'I CUP2007-00004 Hearings Officer Final Order (Durham Elementary Access) Page 5 !1 i •• 0 CONDITIONS OF APPROVAL - I THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting I documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171,EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: • 1 1. Prior to commencing any site work;the applicant shall submit a revised site plan showing the required 10-buffer(Table 18.745.1) from the revised right-of-way line along SW Durham Road, an arterial, and demonstrating compliance with the Iapplicable landscaping and screening provisions for parking lots in TDC 18.745.050.E.1. 2. Prior to commencing any site work, the applicant shall submit a revised site plan I that shows the clear vision areas formed by the right-of-way or property line as required in TDC 18.795.040. 3, Prior to commencing any site work, the applicant shall submit a revised site plan I showing pedestrian crossings of traffic aisles leading to the proposed new parking and at the intersection with the existing parking lot. Pedestrian crossings are permitted for distances no greater than 36 feet and must include appropriate •; landscaping,pavement markings, or contrasting pavement materials. I4. Prior to commencing any site work, the applicant shall submit a revised site plan that shows parking spaces, interior drives and access aisles clearly marked. IS Prior to commencing any site work, the applicant shall submit a revised landscape plan showing street trees on Tax Lots 300 and 500 in addition to Tax Lot 401. 6. Prior to commencing any site work, the applicant shall submit a revised tree I protection plan showing locations of trees 32-53. In addition, the plan shall show all trees that are in close proximity to construction activities protected by chain link fencing; other trees may be protected with orange construction fencing. The I tree protection plan shall also include a signature of approval from the project arborist.. 7. Prior to commencing any site work, the applicant shall submit construction I drawings to both Planning and Engineering that include: A. The approved Tree Removal and Protection Plan; B. A construction sequence including installation and removal of tree I C. protection devices, clearing, grading, and paving; A note prohibiting equipment, vehicles,machinery, grading, dumping, storage,burial of debris, or any,other construction-related activities in any tree protection zone; and I D. A note stating that only those trees identified on the approved Tree Removal plan are authorized for removal by this report.Notwithstanding 6 any other provision of this title, any party found to be in violation of this q chapter [18.790] pursuant to Chapter 1.16 of the Tigard Municipal Code I shall be subject to a civil penalty of up to $500 and shall be required to • remedy any damage caused by the violation. Such remediation shall 4 include,but not be limited to,the following: 1)Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of I the Tigard Development Code; and 2) Payment of an additional civil 1 penalty representing the estimated value of any unlawfully removed or 1 CUP2007-00009 Hearings Officer Final Order (Durham Elementary Access)- Page 6 I i • 0 'i - i damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. E. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be 1 reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require r changes prior to approval. The project arborist shall be on site while work 4 is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. 8. Prior to commencing any site work, the applicant shall establish tree protection fencing as directed by the project arborist and conditioned by this decision to protect the trees to be retained. The applicant shall call for an inspection and i allow access by the City Arborist for the purpose of monitoring the tree protection to verify that the tree protection measures are performing adequately. Failure to I follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation 7,1 measures and/or civil citations can be processed. 9. As an ongoing obligation during the development of the proposed property, the applicant shall ensure that the Project Arborist submits written reports to the City 3 i Arborist, at least once every two weeks, from initial tree protection zone(TPZ) fencing installation through construction. The reports shall include the condition and location of the tree protection fencing and whether any changes occurred. If the amount of TPZ was reduced then the Project Arborist shall justify why the 1 I fencing was moved, and shall certify that the construction activities to the trees 2 did not adversely impact the overall, long-term health and stability of the tree(s). ' Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 10. Prior to commencing any site work, the applicant shall submit a revised site plan that shows"Do Not Block Intersection" signs at the intersection of the site access d i drive and the driveways to the Metzger property, tax lot 200. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the i ENGINEERING DEPARTMENT,ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: I 11. a 1''''t .'av t ''�e .:j°Sj°';' ?` o Y 3^Pi 4,_ `(',9 „a: �", 4 ig F-M-n �; "• ._ _.: j,a s 7 {•o : ,t ''.`S ,EJ�.fern..�J�s ?4 T. agCd 7 '� „r 0 t 37 �{ 1 e 1 7r r ..7,-,,, Y t.a-,7 ! 1'F 1 yr.. , @4}1..i "09 . id1.'1- I as•i ion o any .rawiugs require I oy t e gui I uig Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design I tandards, which are available at City Hall and the City's web page (www.tigard- or.gov). II d I CUP2007-00004 Hearings Officer Final Order (Durham Elementary Access) Page 7 i I I. • 0 I 12. The PFI permit plan submittal shall include the exact legal name, address and _ telephone and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is I incorporated and provide the name of the corporate contact person. Failure to i provide accurate information to the Engineenng Department will delay processing of project documents. L. I 13. The applicant shall 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. • I .14. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to issuance of a site permit. 15. Additional right-of-way shall be dedicated to the Public along the frontage of Tax • I Lots 401 and 500 to increase the right-of-way to 50 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication • document shall be on City forms. Instructions are available from the Engineering IDepartment. 16. Additional right-of-way shall be dedicated to the Public along the frontage of Tax il Lot 300 to increase the right-of-way to 50 feet from the centerline or to increase I the right-of-way to 38 feet from centerline and provide a 12 foot preserve right- of-way. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the i Engineering Department. I17. Additional right-of-way shall be dedicated to the Public along the frontage of Tax Lot 200 (as indicated in Exhibit B, Page 1 of 1 in the Order Confirming Immediate Possession) to increase the right-of-way to 50 feet from the centerline. I The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the g Engineering Department. a I. 18. The applicant's plans shall be revised to remove all private parking spaces from . the public right-of-way or preserve right-of-way. 19. The applicant shall submit construction plans to the Engineering Department as a I part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Durham Road as a part of this project: A. eastbound right-turn lane and 8-foot concrete curbside sidewalk; B. street trees along Tax Lots 300, 401 and 500, in the planter strip spaced per TDC requirements; r IC. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron removal. 1 . 20. A profile of Durham Road shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. j 21. Tax Lots 300, 401 and 500 shall not be permitted to access directly onto Durham IRoad. 1 CUP2007-00004 Hearings Officer Final Order j . I (Durham Elementary Access) Page 8 i 1 } • • • 22. The applicant's plans shall indicate the restoration of bicycle striping u on : I Y P g P completion of the right-turn lane construction. 23. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI)permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit , plans from the Engineering Department and construction of public water lines. 24. The applicant shall maintain the minimum 36-inch waterline cover as the widened j ' street section is constructed. If the street widening requires the waterline to be moved, the applicant shall replace the 12-inch cast iron main in Durham Road with a 12-inch ductile iron line and update the water valves located within the •' widened street section. i 25. Final design plans and calculations for the proposed private water quality facility ii shall be submitted to the Engineering Department(Kim McMillan) as a part of the Public Facility Improvement(PFI) permit plans. Included with the plans shall be . a proposed landscape plan and maintenance plan. 26. During issuance of the Site permit, the applicant shall pay the fee in-lieu of 1 constructing an on-site water quantity (detention) facility. The fee is based on the 3 total area of new impervious surfaces in the proposed development. 27. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI) permit drawings. The plan shall conform to the "Erosion :I II Prevention and Sediment Control Design and Planning Manual,February 2003 edition." p ` a"3aF�'�i9 rs,s sez-�s 'w f•+m£FF4a l4 28. 4y ` IV,71 4'�t 9 0.1*.+ 10 8 8 _t L�� t -Ka? • „�• s st tG +4�A"., D•.+� 4 i -; „ i! 4 f 6 .!e I, lI *' -0. A tee 1.-i-AAA`, .- ti, , THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it,along with any support documents and/or plans that address the following requirements to the CUURRRREE NT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171,EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 29. Prior to final inspection, the applicant shall record deed restrictions to the effect I that any existing tree greater than 6"diameter may be removed only if the tree dies or is hazardous according to a certified aborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this I decision should either die or be removed as a hazardous tree. 30. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be I removed and final inspection authorized upon review and approval by the City Arborist. 31. • Prior to placement of any signs on site, the applicant shall apply for a sign permit i, and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. . :1 • CUP2007-00004 Hearings Officer Final Order 1 (Durham Elementary Access) Page 9 r a 1 0 0 . • The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the I ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: I 32. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. I33. Prior to a final building inspection, the applicant shall provide the City with as- built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be • acceptable, and 3)the as-built drawings shall be tied to the City's GPS network. ' The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane ICoordinates, referenced to NAD 83 (91). 34. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Durham Road adjacent Ito the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid • for by the formation of a Local Improvement District, I B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction I expenses by the third party owner(s) of property in addition to the subject property, or t D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others R I • adjacent to the subject site. x 1 35. A joint use and maintenance agreement shall be executed and recorded on City I standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved u by the Engineering Department prior to recording. i 36. The applicant shall either place the existing overhead utility lines along SW I Durham Road underground as a part of this project, or they shall pay the fee in- lieu of undergrounding. The fee shall be calculated by the frontage of the site that i is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is 1 I chosen, the amount will be $19,530.00 and it shall be paid prior to a final building inspection. g 37. To ensure compliance with Clean Water Services design and construction 1 standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform 1 construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant 4 I stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Engineering with written ij confirmation that the water quality facility is in compliance with the design and << • specifications. I • 1 CUP2007-00004 Hearings Officer Final Order 11 I - (Durham Elementary Access) Page 10 5 9 I • • • ; I FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S • DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. DATED this 8th day of February 2008. � t Joe Turner,Esq., AICP City of Tigard Land Use Hearings Officer Ir Ir I 1 1 E i 11 CUP2007-00004 Hearings Officer Final Order (Durham Elementary Access) Page II I ! I i • tIIIIIIA„ , _.. I CITY of TIGARD ./ LANGTREE ST 41111 /— 0 (re.-- GEOGRANNIC INFORMATION SYSTEM al - ---. 11111111111.-'- 4111111111ri III i 1 21-1,. ... VICINITY MAP mil so 1 0111rAtrall - ihow,mit g---F.,._ i 1111 :ilium.; - ....,....0.1 - in •••1• cli '6' Att\A VE TURE LN -.cc — EMIIIIIIIIL IIII I. --I CUP2007-00004 10 • 1—Thj i ,c.-3 _ z „,„.1.■ ,, . CNI <-1111111111111 DURHAM co woo • - r Y lipp . PA TTI LN I ELEMENTARY 1-111 - OE 1 ' Arno , 1 1 i i ,--------- . SCHOOL • , i a mini si, 7 sa-tui mu ... can -LU > < 1 • , ACCESS EN Amu 01111 Alm 1,.. , co ' r- • . ILINII rig mod_ CAROL ANN CT 111. ;:-.) P.-■11111•1 s.- , MN • '-owl MB - - DURHAM RD •11111 'iii LEGEND: • INNI> • /- 1 /.('',.-• SUBJECT • • MINI< 111111i 7. • . • SITE . :f...._'i...4 • «., tss--1 FS eell fl o'-':-, .•:,,, .tq , 1C,:"f '5)0 di / 2: .4! .: .,.,--:•-, ,,; , • !, ' ;;' ,e/..Jj ,:-1\.... ; .`NstrctlxrAo 7 e, ,5./..... • 1' ,-:.,• .., t ,,, Tigard Area Map / i ! • \ie • A N • 0 100 200 300 400 500 Feel lif 1".385(eel , 41 r•;:-,. . • • -; w,.,•&• • •- ar•PI •••4.-k,tr-31F:ki • :-A-:.L'3.`"•'S — .:' • ,, -•ti'iL),-(al Information on Ibis map is for general localion only and should be verified with the Development Services Division. — 7.---.77.---7----7.- . 13125 So/Han Blvd Tigard,OR 97223 (503)639.4171 ---77—\\\\ I 1 i I 1 1 I httplhwhy.ci.tigard.or.us / Plot date:Nov 30,2007;CArnagic\I'vtAGIC03.APP m comunity DeveIopm 1 ent- MB NM NM alll NM MIN - MI MI IIIM MIN 111111 In MI 1111 MI OM NM IN MI MO IIMI rr MI NMI 111111 NM IIr IIIIIII IIr • -r • • \' u POW XC� -x�`xI� • .I �{ ? . 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X� •' �i'P.a.o:" Q� it-' wi[uxE ren( L Q O ILI . .•.s,;ocuti"2('''#ir • Ailii • r•tv• I 7::{ 0. ‘?. .• 101 7Ii•. - 1,!sl .�s1P rnr'or:• • { GI- ——• I wN0S00)-00011 . ' i xgnnc• • ? • • I 600R.ew 1 I SAOL ' c.o.re,• • �'1717 • t _ . I PLAN • • • ' ' , ' �. '•T D2'D• i !ECV Imo , A rc bz 7 zuo9 CITY OF TIGA Cardna TRANSMITTAL FLAMMENGINEENNO WRG Shaping the Future To: Gary Pagenstecher Date: April 27, 2009 Durham Elementary- City of Tigard Project: Metzger Parking 5415 SW Westgate Drive Suite 100 13125 SW Hall Blvd. Project#: TSD6701.50 Portland,Oregon 97221 USA Tigard, OR 97223 Case/File#: Phone (503)419-2500 Fax#: Total Pages: - Fax (503)419-2600 From: Kristi Crippen www.cardnowrg.com Transmitting Via: Purpose: Messenger ® For your review and comment ❑ Other: ❑ Other: Quantity Description 1 Construction Plans 1 COA Response Letter 1 Project Arborist Approval Letter Comments: Gary, please accept the attached documents for your review as requested. If you have any questions or comments please contact Tony Roos at 503-419-2500. Thank you. Signature: A . .(hl iA_ C: • Australia • Belgium. •...Indonesia.•. Kenya.•..New Zealand •.Papua New Guinea United Arab Emirates • United Kingdom • United States •. Operations in 60 Countries ,43E 1 — 0.771-"6/7 /uw #.Z. r73 ,E — ��-r-- MEMORANDUM (jr, Cardna WRG • Shaping the Future To: Gary Pagenstecher , / 5415 SW Westgate Drive City of Tigard Planning Suite 100 • Portland,Oregon 97221 From: Tony Roos, PE USA • Director of Transportation Phone (503)419-2500 • Date: 4/23/09 Fax (503)419-2600 • Project: Jackson Business Center Parking Addition www.cardnowrg.com CardnoWRG#: TSD6701.50 Re: Conditions of Approval Response Letter This memo is intended to respond to the Conditions of Approval issued for CPA2008-00013, Z0N2008-00007, MIS2008-00016, and MMD2008-00026. Condition #1: Upon approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. The applicant shall submit the copy of hte recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any site permits on the re-configured lots. Response: Survey maps will be submitted concurrently to Washington County for review and recording. A copy of the maps will be provided to the City upon recording. We understand that permits will not be issued until recorded maps are provided. A Condition #2: The applicant shall either apply for a variance to the buffer standards, or submit a 4 0 revised landscape plan that shows landscaping consistent with the standards for buffering and pr screening in Table 18.745.2 and Section 18.745.050.B.4, subject to review and approval by the City Arborist and the Project Arborist. Response: Landscape Plan L1.0 reflects a revision to the landscape plan to incorporate the C-2 Buffer requirements. Condition #3: The applicant shall adhere to the tree protection guidelines 1-7 in the project , b arborist report dated 11/10/08 before, during, and after construction. As each step is completed, V the project arborist shall prepare a documenting report that shall be submitted to the City. • Ityik Response: Sheet 1.1 of the Construction documents reflects all tree protection guidelines as • recommended by the Project Arborist. (xD Condition #4: The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. • Australia • Belgium • Indonesia • Kenya • New Zealand • Papua New Guinea United Arab Emirates • United Kingdom • United States • Operations in 60 Countries Page 2 Date Cour) WCarRG dna Shaping the Future Response: The Applicant understands that tree protection is required and will instruct the contractor of its importance. The City's Arborist is more than welcome to visit the site to perform inspections and verifications. Condition #5: The applicant shall have an on-going responsibility to ensure that the Project ■ Arbdrist has submitted written reports to the City Arborist, at least once every two weeks, as the A/W\project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing - i istallation through the construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ and if any part of the Tree Protection Plan has been violated. If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the heath of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Response: The Project Arborist has reviewed the tree protection sheet C1.1 and confirmed it complies with the recommendations of the Arborist Report. The Project Arborist is under contract with the Owner to provide the required monitoring and reporting of the Tree Protection. pz),.....?e, S ' r - . ,4?'I mt*4 £ .A -rii 24-.'2009 1 Gary Pagensteclier' _ City ofTiga`rd Planning r131•25SW"Hall Blvd: Ti and .OR ,97223 ' ., CC. ,. .Ton .Roos. Y ... _ Director o :T ns oitati nr .' f. ra o .. P V =WRG Design,:,Inc.'` 5415 SW Westgate-.Drive;:Suite;100, 3` Portland,£:OR 972'21: ,,4w .,J. S RE Jackson Business Center'Parking'Addition ''- -,Cardnac-son:' TSDfi7d�1.5o fl - n : :., Dear Ga - „ x , ry " ` - z I.hav,.e reviewed the'T_ree:Protection• lan for;the`Jackson:Business'Center:� arkin at, P P g f .; 7800`SW-.Durham Rd `The site is somewhat'unique in tfiat built;up planters'in very • :a close.proximity tothe Giant Sequoias`to be preserved do'not allow tree protectio▪ n t, € :q=;`J`.: with"conventional tree protection fencing Plywood F panels-set,close to the trees'-':' trunks`with superv,ision.of grading work by I S A Certified Arborist'wilt provide:, ., l'‘.".%'%'"-"•-• fi • :requd tree:protection;:'The^plan developed.by-WRGyi esign,.Inc faithfully.,reflects:=x my instructions fortree;protecti:on rp ;a r 7r; ai• €^ I•I z;; ,`Sincerel r'" ;; s e: u .�ix ,z> yn Kay,- iny0n'=' ;�' .'x=.. � • :(# %fit v3 ,'• . ,j'` 'l, • .!:‘,..,,z!`-',:,:.-......-4;,- 1--:-7. A 5 ,..3% ▪ £ -45 ' ` Tree Care`,&,tands_ca es Unlimiited, Inc r r°°•Certified Arborist.by the Intel iationai-: " _ `' Satiety of Arbonculture;•L"ic #PN 0409. � ' -f� FS '3 - ';�" f r F m %-:•-•.;;":-'"'%•';‘,"'"''.•:''''':,.,%,;;-'1;','•::%";;3•.;•"•;•-•:;"•"-..,-% '� % £ -- i { 5.: ; _ v, `�:s. Erse 9 __ �� .a .., -. .., , � �� ' 1 ♦ s ;x _t P F 7 1 ✓, , S . ... .,.. A. ... 1,..µ.a.,.4«.^... -Z,' r ` .r{.. .. ,! F •a e) 4, ('_.,c () 6 y eG41t°tj.. 1//12704-1 METZGER PARKING RECONSTRUCTION • _ i DURHAM ELEMENTARY Bp . ....._ . Tigard, Oregon■•220;\ ,0 I • ';:.R. ' PROJECT .............. °°�...�" I cto ARr ADJUSTMENT PLAN NAARET .,,,.%....4......,.. S . R VICINITY - 0.0 9IE PLAN Z PDm ricASn N _r•unr, C4.0 GRADNG PLAN ILO LANDSCAPE PLAN 0 E v 00.11P r ' AFTON WRHRMI ' ` Z v La O U c~n VIC N TY MAP ;� : LJJ O NOT TO SCALE E J * V O ( - i s-_._.__..._. Z I b Y P• T CC s Z _ ;* 1 n Z DATUM: 0# . Fr. Z EIEVA1GU 04100 MVO 1929 aAT..<0.2MON BBOO2 MINN•WIN AVE " i W m 0 B0 MET LOCATION MAP v /�{ CFO OF TOMO WASIRIGION COUNTY NON SCALD Ilia N 0 QI O UTILITY STATEMENT: W 1_ CC d THE U�10i4ND UTILITIES 810911 NAVE DEEM LOCATED ills 0512 SURVEY INFORMATION MO COSTING OUNIOS OE ,'1 SO5ERS NAM NO GUARANTEES THAT 1K UIDFAO *ID U11011C3 SHOWN ONETIME ALL SUP 01N1ES N TIE AREA O W BMW IN WINCE CO AM000ED.NE 8301II RADER DOES NOT WARRANT NAT ME 1100ORW10 UTILITIES 910911 _ MEN 114 EXACT LOCAMN 500000&MOUM HE DOES CERNY THAT NET ARE LOCATED AS AC 210100 AS /l ` r POMO.FROM INTONATION AMUSE.ME SLRVEIOR HAS NOT N SICALY LOCATED ITC INCMORO ND MOOS V UNDERGROUND ACCURACY STATEMENT: DUE N TIE HALMOS NATURE AND ARNI CASE MIA 100INENCNR REDA DN0 CONNED SPACES.IT O 1R0 POKY TO NOT SENO COI RID STAR N10 UIILRY 9A HCAES 1O RETRIEVE OWN AND SIM NONATON.THEREFORE MY ELEVA00(00000 INFORMATION 01 HEREON IS SMELT TO AN 110100 UNCERTAINTY N AOURACY OF PLUS ON 0mNUS 0r CO '; GREATER(OEPOONO 1 DEPTH.SEE NON.AD OMMUONOI OF 9041440. 4 SUES ARE ALSO SMO T TO M UNORWNTY CF SO NOES OR 904(0150 0 O NN DERNH,SZE RDW.AND 015001 IMO MANHOLE).E"A 0.0 OREGON VT \ ACCT ACY IISNEE➢m.i TADDITIONA.THE WOMEN%AND PERSONNEL W6L DE REDIMFD TO CO INTO THE AWN. NOTIFICATION CENTER I BASIS OF BEARINGS: StootS= , 11E BEARIM OF SOUTH N1r3'EAST ALPO NE OPT:R IE OF S1 DURHAM ROAD(LINTY ROM 403)AS S IONI ON , RECORD 00 SURVEY 26.050 AF0 20.004 WAS TA ENN AS NNE BASS OF SEA US FOR 1N5 SURVEY. MIMI NO. NOM= PROJECT TEAM OR N0A9 oES1oEO Br, GUN OMAN OD 03M Q LANO 1&PLA* /CONTACT SURVEYOB RD I LAHOXAELAR0Rea 5N MO DORN TUR2O181Md 040231 WRO DNSIL No PM ONIBn.NC WRG OPP,RC HISS Con R LanNRps UNMAN.No. WOO DNOR,N6 WN SW SSTtoep 904 6415 SW WPM.PM,BUM TO) 5415891 WNOpb DON SON 100 51158W W5 01 DON,Sub 100 PO BOA1544 6415 SW WEND.DM.8445191 (RONA0 9120 .40. 91211 P0wm,apn 01001 P0004.Oman BFQ1 w4 Comm,QSpm OTOS PO9s16.Glepon 61221 COVER (503)4314000 (140)4152SCO (SCO)415-2500 (503)4114=0 (691)435.3145 (501)415.2500 (403)4192091 On (503)410 000IN COMA 8e315.165441. (!0])415.300 Du Cabot ANON. CoNtl.LNY020IN1N OONFt Tony Roos.PE Cot.Se nIN SNIm.P08 0240 MN At*.RLA COO o : 6 .. V-212 -cp .ry„„,„/ CONSTRUCTION NOTES - J I • 0 RENO%f SSII G STT ARD CUB,qNi epa . 0 mamcr EDSRNO SroRY DELI ' _ 9 T� 1 j ID ROOM LACES OP EY51ND FENCE.11ESt Of KM PROPERTY BOUNDARY '� p e I 4 0 REL°GTE EXISTING RASED LAGS LAY PUNTER ISLAND BEHND PROPOSED PARKNG SEWS - ro BE DESIM/BWD BY OM SK LANDSCAPE°aTRACTCR SCAM i1.40 3 p PROTECT OGSING IRIDES TT�T ## ��+±±�t p PROTECT EXISTING GE POST D S D r0 B 2 ■� o g 1 x O1 t_ ° i Y i1 � OVA / TREE SURVEY TABLE Y/H 11' .,,I • E SPECIES DM Y/ p III I' PLAIT SEQUOIA N' GAM SEOUW YY Y/Y/ p I I' I 0 O PANT 9:CIW EY 1./ III II IIII © . PµT YOITOIA 0Y Sr / II I1) PMT SEQUOIA 0Y Z IE: ��'A.� SITE TREE PROTECTION 0 �' //`� ,.,� 0 WR.V TREE IIDNKS"Oda IIECN PLYW000.W NOT FAT19N PLYI10pD WIECM1Y ro 1REE BY I 1• V cif_ irlooS,1 X. IMY Ari 6 TIE TREE Nr°MEI1'ATSf a ACE ME THE NNE `J 011111 PLYWOOD SlL BE USED N LIEU OF STANDARD WARE MEE PROTECTION FENCING. 0 is 4, 0 co ) d WARN.Al OO ABOVE TOµ5 STANDARDS a A�5°MALL BE SPERM=BY W bA cameo AMORIST AND CC •ANY OILER WBB MAT WY INTERFERE VAIN CMSIINCRM EMINENT CLEARANCE 0100 RE 100 I�� B A WANNER THAT PROVIDES ACCESS FOR ME Ew85001 AND PROTECTS 1)0 UM FNON (l) I- D •ED511N0 BORDER RETAINED PLANERS SHALL BE RENOW°ro ORDNA GRADE A GAY mL FILL HAS z Z U BEEN PLACID TO CREATE TIE PLANTERS AFTER TIE GANT SEQUOIAS HAD REACHED MEN CURRENT O VIII D MASAO,CAE SHALL BE TAFEN NOT TO DANCE ROOTS THAT EAT AT ORME.MADE.HAND RORK g O ELL BE IA"' ROOTS LABORERS SHALL FE INSTRUCTED TO COMM SCR AMY RiC UST LAYYEERS Or JON U p /,�-'/ • SOL MOW ME ROOTS WORKING N RADIAL DIRECTION OUTWARD IRON THE TREES TRUNK MS WnIN _ Wu REQUIEM PTE SUPERVISION BY AN GA CERTIFIED AMORIST. O w Q •PROMO DP ROOTS Y N DIAMETER M PLATER SHALL BE MOOED. J •• 0 --. • •FINAL 0E901 a TIE PA°ON°LOT SYSTEM SHALL BE REVERED AM APPROVED BY AN ISA°ER110ED q'/^C A AMORIST. Q 0 O IIli H I' GENERAL TREE PROTECTION PLAN Z Z N \ ❑ PRIOR TO CONSTRUCTION O cr J El c 1•.4 •OFNIEY AND NUMMI THE TREES TO BE PROTECTED.LEIUY BY MAPPNO AND/OR TA03IN0 AND NOTE L Z A SR BE.0 H.(CAMETER AT BREAST 1[IOIT),VARIETY.HEREIN*10 STRUCTURAL GOpT10XS r Q L •SIX \��,',,, •CHECK VAIN LOCAL COMMENT AENGES POD TREE P00IECIKN ORDINANCES H p ••REMOVE ANY LW MEG MAT MAY BEN THE MAY OP ODNSTRUCRON EDRPIENT.ARID PRUNE AS 0 O p Z . AI�,♦ i�II a .. NEEDED TO CHIME N.N SrAIDAFpS �Y/� `,IH O �_� •NOTIFY AL OMER 0000007=MAT RIESE TREES ARE TO BE SAVED AND PROTECTED. ♦� W MO l -6- •COME ANY INSECT CR COME PI°NEMS THAT WY REORE TREATMENT 0 V 17 Q ® °EOM LANDSCAPE I9Aro TAO PLANING AREAS LARGE EMQUM ro 000000ODAIE TREES Ai Z E�E Q 0 MNx E V II ~ �_1 •HATE M OPENER=ACCRISI RESEW LANDSCAPE PAN T°As9NE TIE NOWT TREE IS PLANTED N❑D II �—J •THE REM PUCE AND PI�OSFD CHARMS DON'T IOU RETAINED MAMRE TRm 0 w Q I 14:I 11 •GEM NCR PAST AND PROPOSED MADE AND DRAINAGE 0NNPC;LYRISEER THE OVECTS X C �f 1� -"'fir _ M h P I +'/, MNYW ENVI0.00ENTA OANas I D ��� ` ••KEEP E LAMENT OFT Cr RE SYSTEM PO AWO COMPACTION. o ,I �• O \ •KEEP MOMENT ARAM'ERIN STRUCTURE TO PREVENT DANA GE TO MINK AND TABS J( -�� •COPT ALLOW ODMIGLL9 TO BE GRIPED ON ME PROND NEAR THE TREE.I.L.GSCNE,GEM. I] II PAINT.HOMICIDE CURER.MINERS ETC. •PROMOE LEAN Cr TEMPORARY 00CIAMON E TIE PROJECT RUNS TIDQUM THE SUMNER. III 1' p l5g •E RODR M UISSTm QUACAOR MG /H°R VREG MOAT10NS BY AN MA COMM ARROW AND El •PROTEGE ME TREES PROM EXCESSIVE HEAT.LE..EGDPENT PAM°NO/CR BROILING. II I •AM TRENGINO THROUGH THE ROOT INTERS•BORING LAMER THEM OR NANO 0CMNG CAN SALE ,OD,cT- j p �'II\ Ali.— ROD14 we IPmDN C •CONTACT THE ISA OAREED ARBC HST EA01M NM THE ME ODOR TO AND DINING ANY ACRNTr r �' THIN TIE CRP 2OS OR TREE PROTECT..FENCING FOR°O191LTADM �mED' IEIF»,EA•I�1Y� p I El Art yj� CAE IRE,CONSTRUCTION LANDSCAPE E A NUR R THE TREE RENO CAREFUL OF ME ROOTS MD STRUCTURE O®®B .W i� 04141 — USE PLANING MAT BILL TILE GOER TIE SINE CONDITIONS AS THAT OF THE TREE lj`��/�/\ NEW PLANTS.AIMMC NXTENOP °E ENNOl0 TO NU.NATURE TREES ETRXiATAN NEEDED ro MP EXIST/DEMO . I I I I •DO NOT COVER COSTING ROOT MIENS VAIN MME MAN r OP SOIL Ix MOM SOIL KO AC°.TIE PLAN • GREATER THE CHANCES OF OANAO 5 D THE ROOT IN. MO I is j }------------------------------------------------------- 1 i 1 j I ss g is I .� j n I "I5 ig 4A4,11 a i I 1 g 1 I 1 ti I I i ' gl v, 1 gi g I I iSW 79TH L AV � ' i • \Ii .(8101111 BOUNDARY ADJUSTMENT 1 ©I R 111M1 R i METZGER PARKING RECONSTRUCTION OR g1211 a TIGARD—TUALATIN SCHOOL DISTRICT #23J q� ' li$S a TIGARD,OREGON -•°a•�,. .•...� • ` r\ \ I 1 1 1 1 \ ■ \:•\ \ \ -- so- —0 n F y \ \ Tj!I d a I ° a ° m 1 .....,.\31 .„2.or, :r e . \ \ . r. i co se 8 Z •l; W • 714,1r,4. I 0 Al a O ni S4 N IIV .0 1 Mr/ 111 i l l SITE PLAN W 1 R M® • (''�! r�y a METZGER PARKING RECONSTRUCTION ° ° ' W n US SW Maple G.BY CO Mend.al CM CZI 2 rn TIGARD-TUALATIN SCHOOL DISTRICT #23J Tel o 503.4192800 503.4192800 Q TIGARD,OREGON _ S / CO O ///////, �, _ y o ..I _ I I I SC11C,•_,c• / 9 .. E ' / � , °Abk. I• • /.�Y ¢/ r % EROSION CONTROL LEGEND ,. 194.1a O _- 4 134.88 CEMENT FENCE 701 101 v ■ . i .� 1111 RIM.15190 +/ n-O mart irtOIECOV, t_' .�/ NI �154.02� 15123 I '(J Z rIIi 0 I'I GI ' 154.19 < D R i I ( / cc # a 4 / -sa.3. 154.45 / � F- ,4,43-'—i5.4 1 / of . ' 154.63 --" % 1 ' N I / 134.13 J �/, / z Q 151.98 154.3] -- Y U�= p 1 ///////i N Z 154.90 151.51 7„ 9�( \ Q^ F1 ,54.4, ° I z LL Q 14Irp711- all' R91 154.41 CC ,Q o .- '... a a. Li p p Et 151.39 z Q O / '1 ,36.11 il,I 155.17 ' 11 •„� 1u.0 I 1 153.30 1 158.9J are NOM I 110151432 9n .��t- 9KfAD M �� - . ANN (��� GRADING I i PLAN C4.0 . . . • F.-7.7C1;..4-.. .,....• .., :411 . _•: iH• SW DURHAM ROAD W • .�\._ . +It - .•913 ir II roW . o H • U ro CC N �I • / ® po® ® ® Uv�i t zwo 05-Aerol li, 41 _i '`o-" `'' GENERAL NOTES:LANDSCAPE PLAN Z Y 0 + ' E it•:.; - nnvmu.euEw nu aWarvsTUUm w«wo .+� r �'' M TZ sERPROR�ro S. w.m�'mmwiw�nr wwuucK QZ Q Z C' ! _. s MEW OWL.4..n Trsur�ronwm&ROW cwaarnxMTNWINMI J 4P Mr./.01.0 MUD COVERAGE o_ELEMENT RV `•`:?;off 0 nr a mwonnv®ro nu meauu WET MEnrw r.s�mrwswnavu0 W J z SCHOOL ! ':°9%o a Q • PROPERTY / S. wumr iWnmenn.emwr+wn•uwvnwm+w awmrurOa FROM TW, d w CJ APPROVAL Mk,no MOT maY WTm TWE mnW.pe AM mos.-rota WY SE MELTED SY DC .EwmEm. wmaf.ARMITECT•r wcwTroTw ua MEM IRO wrsFEM.mrosc.gw..0W+m Q itit„I5„5„ nnrvrtu I 09 uj Q % • gam _ _ MU 411.X86..'WTI LIKE 11111 priele04*1 :47e)':,::!::::.:::::::i: Ili" nROM NM , �,, : are M.. ,"' SITE REFERENCE MAP 00304100 re: MO CRAM VC PLO EnenE Eianm.ExE CM.=rn r ° $ ,IL 11 11 I111 ILI PLANTING PLAN _ F-_--- ,I iII u v 00 40 1 11.1.111111 b L 1.0 CPAZOOg - ôc?013 MAPS ! . . .... . • 1 • - ' a v \\ \ 0 PI to • x ............................... .:........................ 4 .. 0) . . • cr gr- . • 4 • 4 0 .4r. co 111 , _...____________ . . . . • : 4 "Cr a • - Ow 4:41'. . - 110 )(..,_ FINAL APPROVAL v k t . . - • . . . .4. Now•a.. , 4 . 4. low . . . ' •4 4 4 willWr , ' '4 - CITY OF TIGAFICI PLAMIINGI DIVISION . o as • . ..z 11-1 . ' o... u_ ox . . • • • 4 4 4 4• 4 , . ., . Tdd °1 BY _ 1/14. elf DATE -7- 3 i-Jul c) W SW DURHAM ROAD - z la is .._ iT. \-- .9.2 a co . ce os 0 iti • . • 0) LO til 4 CO c\I a • # 0 (1) oi 2 --------- 0 1 0 0 0 AM ilk 10 - ‘....g .4:Cf) Cam ---- ----- 0 0 W CO CD CC 0 ill 'CLIIII . 1,0 W -.-__ _______ -------------"-----------" -,_ fat. • 140 0 4- lb' a de.* i --____-----_, 1.1111.% • ---- 0 • ill , . -.4, ';'• • 0 ...,.6,. 411 -, • 111 CI Lo _ • Okre 4or ______ _, • . <:(71 ,I.,: . 4:- '1-,-!1 ' . • '' -''''' ' 4.4'*7 .4''‘ 4. ' ., 4. .‘ , EVERGREEN HEDGE - . . • .4„6, SEE PLANTING SHEET L1.0 4te,in ....... a q •4• . st.4 • , 2* CALIPER DECIDUOUS SHADE TREE • . .a . . . . • . . 4 .• ' . . . • -4 0 4T 0 • • 4 - . .• -- 7.1111. . . , . FOR SPECIES AND SPACING '--- LOCATE ROOTBALL f ABOVE FINISH GRADE• *.---7-"°--- '.-- --ir-. •: - .___.---•,• • ., d '• .A.:. - % 4, -..' : 4 • . . <7• , 31 . - • .o 7.'7111. n , 0. , .. - 7-----7---:---- - . • . . '4 • • • .. . ,',,, . ' a , . ,' 4' Allt. • 0111141•11•1111MINIM.14111111. ISHIIMINIS . . . . 0 • 111140:4 .. ' 0 lir .: 4.' 4 ... .• • . . . ,,. . ."4. . . :. .'."414 .. C (\ .0•1011.111111_ Ni, • • Z I-) .,-,..„....„„.„,,,,„,...... . 4., , 4, ;I A., • . . • . • . .,2_-___, • cc),, nou 0 • 0 - - • • .: 4 • c)U 0 0 .4 CD CD CD 51170 OP 1110 illlo vio 0 Crid\I ollli•imo _ . 4 V 1# 4, wo Cr .. ., ik 0\ IkP• Flag. ,. NAU4 2% MIN • . 4'.' w PROPERTY LINE iv_ N OPE sLopE ..____ .._ __.___ 3' MULCH LAYER Cl. DEDICATION , Alb. ....„,,,,4 -------4.... TOP FACE OF WALL (..) \ , I "41%,.. a.- 4..4••• EXISTING ---- (------- fr /// 0 re ./// ,,,,/ , ,-// , ,///, 90% RELATIVE COMPACTED RELOCATED TOPSOIL ..- - • ffi LANDSCAPE ;1 .-0- 11116//// /. / . / //• • I cr . • a. TO REMAIN - •. - - op- ---•°' . 0 ii,- • I I 17-2-7-1 I 17-7-7-1 1 I- IE RELOCATED WALL ROCKS - SEE CIVIL PLANS I ., re . • a. .. ' I V i •• - PROPOSED 6' FENCE T-0* MAx HGT. OF WALL ' -----9 I I.-----: 1 11 1 Ed I HI ---.-' - 3" MULCH LAYER BETWEEN WALL AND CURBING .f. ' I ... . Ili ,....... - - . .1 . 3" MULCH LAYER 11-E111-=111-.EIHE 11 Z F-- 0• r---- PROPOSED CURBING • . •<, _ 1,, 411110-1 I I- 1 I-1 I I-1 I I-11010 SEE CIVIL PLANS < ....1 . WEED BARRIER 4,,, . .4 . ..,.. ., •. ii=111-_-__-111=111-=- II _ PROPOSED PARKING STALL SEE CIVIL PLANS. ""II U-1 0 FINISH GRADE AND li 16,41116„ _ _____ ____ _ _ ,.., --- - 1-- I - -1-1 - .---- ,. • • . • . ., • 4. BOTTOMFACEOF ', • 10AMSF14r -II= =111=11 =11 EL 0 EXISTING . -.. . AI•-.e.; • . LANDSCAPE WALL ___I I I_ \ \ :--:-..' ..,-...-,-,--...--.-----....-..,..--... 0 .. . . TO REMAIN .4.4$ '\ \\/ \ / •4, .•. . \ i;--- - k-- 4- .. . ,.. • : • : ,,,...........-0,4,.......... 0 • . ,..- , ',77/2, /77, ' / / ''.:. .4...-r-,..-:-.o.--.4ar-,or-or-,..-o.-4.....or-.«,r-,or- . . . 4 • • . .1 \ \ \/\\/ \ \ \/\ \/\\ \ \ \/\/\ \/\ \ \\/ \.' .,. (110 I \ , , ---471•:::+s -A.:',41er-.*:-..ix-A•'r,,•r..,tr,e-Jerr,-,eir- '4 :, _. , . / X< f„:41P:IPICM:Vilt:Cre:IN; . UNDISTURBED SOIL V\/\"/ i'• /\\/\/\ / r...orr-...-r-o.-.4or-..r-oar- or- z.z.zit zilfrAti:CrIhilk;V:90,00t; , a . / \\ / somemo Cr) (72 - 4'4' 4 -,,..•,,,...... .4.4' 1. ' \/ \\ ‘\,/ \ \\Y .\ „,..0.„A•,,..,,••, .,. ., , ., <. N .,. ,,. .• .4 \ /x\\\ V \./A\ / /\/ 4 • : : • ' 4'•. ' I • /i '4 • • . \ //, \ /2/ / \' lialli" in (4/0) _., . . ' • 4 ' • 4. /4 • . \ A AA/AA \ AA A A A A A A A A A A A A A/MX\•\\ .\\A \\\•\\//\\•\\ \\•\\///\•\\ \\A \\ \\,\\ \\A.\\ \\X\/\< -- - //V/////////////7 /////7//7////1/7/I Z Z Z -d"---'--'-<'-'-.• '. 44 • ./. • . : ‘•■....., . . 4- • NOTE - -- 4 . --I CO I-- . .. . • .. .4''' ' '''' 4.• : .1. N.No av ...) _ 1 4 • ' SEE CIVIL PLANS FOR ADDITIONAL INFORMATnn SECTION NOTED HERE IS TO INDICATE TREE AND SHRUB PLACEMENT ONLY, WITHIN THE RAISED PLANTER Q. D < NI ...1 z 4 _ 90 u.i '-' < j:,:._.... - tG sit.0 ' '• 9C . .....,....,. PROPOSED C-2 BUFFER SECTION Ci.. 9 ,, . _ . ip. $1 11("I" ( N.T.S. _ "444%. OP . ci , ANTICIPATED . . , • , - 0 ,,,,1 LIMIT OF OP • 0 „ - 0 0 co 0 0 * ..------- : , 0 ,;f4,4%.4::::-4.,*; DISTURBANCE ( . .., CO /----- . ,.,,to..••.4, >.,.4 40 ii;,...• 0,44" DEFINED By . a „,.,0,,,,,.,..-- * 1 i,-,...• ..+100 w rier.,,Ok,f"ct re'`. i.,.44-Y-4■14 AREA OF ; (Fr ' • • • • /---'''' z rill Aifk.i.W.iWV PROPOSED ; .71 x 1; ,,■••••+44,4 +,,4,*A PROPOSED --- Z ° -ftikes 1 * It i 1 Witt Att;t2,* STALLS 4. .,• . ,.. < < C2 ---- :,■- * w PLANT SCHEDULE' .....,.......__________...,......,...„......,...___ , - 0.. Op # I . . BOTANICAL SIZE/SPACING spAciNG JACKSON BUSINESS CENTER .....i i---- (71-40 4 . TREES ............. .. • ,41 .EXISTING s-- 7800 SW DURHAM ROAD QTY COMMON DURHAM 0., co • to . Aar LANDSCAPE . . , P 1 4-t-- q fry? 4,4,--ki SA/f) 6,0 if k/ I. q >- . ELEMENTARY 4 Op 0 :+14;i1N■43; TO REMAIN(r(p) . 4111. i 5 i Ac-e----/z... /?\--tr-P---A--e;wi-t SHOWN 03 - - - - - SCHOOL 110 0*Ibv $,_ ,,,, ..4.."...,A, ' 0 0 ?W.,...4 to..1*.,..444 • • PROPERTY il." :14011 .fx+-xic:-.4, _ ... ‘. IP 4... - traVo4 I'‘,X. t1, 4* 4+ *: 4 .,. ,, )( SHRUBS QTY COMMON BOTANICAL SIZE/SPACING 1 11 0 II -nit ...._ ii3O • : . . 0 51 //3 RL:--e0 7--' s zokiice/24 2 GAL./3%0"0.C. lo • ' ANL INSTALL WEED BARRIER UNDER 0 i' a ........-„„-- 4 A 3"LAYER OF MULCH IN AREA 1'0 . ____46,17' ,41,, ,4,7 EXISTING EVERGREEN -....„---,,-; . • . , .. 4,;+. .vito BETWEEN PROPOSED FENCE AND 0 ,•.i, . .. TREE TO REMAIN(TV): • ''' . , z • RELOCATED RAISED ROCK PLANTER. itill seli.`41,....:14,:k P ROTE CT TR E E D R I P L I N Er` . • " . r(PICAL FOR ENTIRE LENGTH OF ,0,,,..*,," CR,4;...:*;*::::w DURING CONSTRUCTION ''' • / GENERAL NOTES: LANDSCAPE PLAN F.-• . RELOCATED PLANTER. ! tV t i V :*. :***•:: ACTIVITES ' - . cc . 1 04; a■*ASV.**•••"t•0 0 . ' ....4.. .04.•44 Vote%., , 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF TIGARD PLANNING (0 PROPOSED FENCE •*" $' vrAl • 16. 1 . 4 DEPT. w cl , 11,. • I- A 2. ALL PLANT BEDS SHALL HAVE A 3" DEPTH OF BARK MULCH. PROPOSED C-2 BUFFER: 40 • AIL NI.,!;4 . w 1.-- •8'WIDE PLANTER AREA I.< Co 0 imn.;+-•;•;:W 7' . 3. LANDSCAPE AREAS SHALL HAVE A COMPLETE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM WITH FULL g •6' HT FENCE I'• !4 *%!*4#4:444,.. I As\ eit..:'.`: ...?:4,44 (sN....c..„41-,7-‘),,, . EXISTING DECIDUOUS . 'HEAD TO HEAD COVERAGE. SYSTEM TO BE DESIGN-BUILD BY OWNER'S.LANDSCAPE CONTRACTOR. •ROW OF 3'HT EVERGREEN SHRUBS Ire, ,_ •:10,4,,,•,-.0÷.... .'.0: - . -- •2"CAL. DECIDUOUS TREE-15'-30'Q.C. to .,;$1,.t.-.4.91$ TREE To REMAIN gyp) 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION -• , .--- ,ii....._____. _ .......,_, 4 i-, ier-ai• , ,,,..,. , _,...7- 4 ,41,- -1,,, . 400 ilto:t;.,,,t.t.:44•,*4 . EXISTING LANDSCAPE , STANDARDS. 1 I “ ,,/,',;(77/7/.r, ' r- A i ' oP • NiP -Alta To REMAIN (rip) i '-',,./V/1,1 ,;'' - -‘' , 4 RELOCATED RAISED ROCK PLANTER: , io • Aim • i NOTE: 5. CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FOR ALL PLANT MATERIAL SUBSTITUTIONS FROM THE , , ,,-,A (vo, •iiir , mom' 1 /4 ,itik..,' ' . ,GISTE.6) REPLACE ROCK WALL PLANTER AND 10 II >( ea, - ipfl ALL PLANT MATERIAL IN AREAS DENOTED BY HATCH AND ANY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. PLANT SUBSTITUTIONS WITHOUT PRIOR WRITTEN „ . . , I - i--,.kg/ , 111-44/, . ifr"'"' 4. -' UTILIZE EXISTING PLANTS TO THE vgr 0 A, ,,4 01, 0 I,;,;,;,.,*„ v,...4,:; ADDITIONAL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES APPROVAL THAT DO NOT COMPLY WITH THE DRAWINGS AND SPECIFICATIONS MAY BE REJECTED BY THE . p„,--, K ,,,,, ',. ' ker 07,7e6244V '\. - ' ,,ir ',,,/ 1 ,..,.-,ff GREATEST EXTENT POSSIBLE. l'PA0 •t4f4•:* +k,,,,:, SHALL BE TRANSPLANTED TO THE RELOCATED ROCK PLANTER • LANDSCAPE ARCHITECT AT NO COST TO THE OWNER.THESE ITEMS MAY BE REQUIRED TO BE REPLACED WITH \ ,......,__,_ c4.,, ..,, ,-,,,p,.., .1-„, „mom* rit.•,p,. ,f4 ,, / INFILL A6 NECESSARy WITH LIKE io t*4444,...+41:, AREA WEST OF THE PROPOSED PARKING STALLS. *4- .• 4,4•4 PLANT MATERIALS THAT ARE IN COMPLIANCE WITH THE DRAWINGS. , .....__-„,... ...,- - , - • i,,, 1„.....k,....,.......A. ..„A ..... . MICHAEL P. A.NDREWS PLANTINGS TO PROVIDE COMPLETE ,,,:e, ... :fr-v- -. .44-.4.-.44, . SCREENING REQUIREMENTS rio 10,,4,....-44r ,0:4 1 tsJ; 4 . vls4 4+1 . ._ r4 V*.0 7:/,,, OREGON ' ,4,"/ <N 10+.ftigo LKAts.43*40,4, seirmwe --- •----4.N IV . 4w410,141■1016 ; p PROPOSED C-2 BUFFER ....... 'O.tp,v02/1.4/97 .os. t-4pE C)' . miime ; •8'WIDE PLANTER AREA ,....,____ )1E* .•R6 6'0HwT oF FENCE T EVERGREEN SHRUBS • , ..., __I n 1 042:82/10190 DATE•2"CAL. DECIDUOUS TREE-16-30'O.C.0C • 1-11- 1 • . . DRAWN I PEG • . >1 . RECEIVED SITE REFERENCE MAP -.. F. -4. DESIGNED I PEG • . .......... • _____ .., . I 3 1 2009 5 CHECKED I MPA EXISTING EXISTING FENCE • _..,o) A, ir..... SOCCER • •CITY Of:TIGARD PROJECT # • I TsD67oiso CO FIELD PLANNii'vIlENGINFERING /...r' SHEET TITLE 73" ME IIMIIIIIII D PLANTING PLAN , _ 1 ' , ______77,1 L...1-___ ___I 1 x x ›il a.° _ ........_ _...... , NM 11111111111111111111111111 • lir U:). sAOEFET# SNHUEMEBTESR.0 o 10 20 40 80 • • . . - CV O < N O /CCO Aj9C/ 6,- 7 Z61 ci, c\I 0 ______ / cc os Dec 0 z 0 74-: 0 , PARKING ADDITION , , , _,. „, _ ,,,,, ,,,,,r.),„..., / ,„ _ , ,, ,„‘,_„„,,,,,, o CD i ACK SON BUSINESS CE N TER IX Z 11, 0 Lo a� 0 0 s N � N it- CO g 2 ■ W co Lo ui Lo z Tigard. Oregon 0 • 00 ao ROSS RD., ► op< ¢ .� GENTL < BRAE LSRN LN. A;,., SHEET INDEX LOBI LN. KENTON ao Q LN 4 x '` W BELLFLOWER ST. ��C�--• � �.s�..#..�...�,_.x.�x.... , •� d 6 NO I } ' ea *_,-. cO.o COVER SHEET PIPPE LN. • v D d- o . ; < I - a C0.1 GENERAL NOTES CL ASHFO DST. v ASHFORD ST. ::.. . .,.... . . : I 03 I _ PRO ECT . .,• , :..... GREENING }•- C1.o EXISTING CONDITIONS/DEMO PLAN HAMLET ST. U VICINITY ------------._..._.,.._._..._._._._._...._._..._.___.--- h • --_ C1.1 TREE PROTECTION PLAN ts' Q 0 N n .� �` CHURCHILL DURHAM RD, i C2.0 BOUNDARY ADJUSTMENT a'cp AVONST. �PATTI o�r WY. Q I W LN. BOND ST. ;._. ¢{ . ..+ - :.-... C3.0 SITE PLAN Ha LP*I> :_ .::.-.::..:.: : :::: ::.;: T + , ,, � C4.O GRADING PLAN RD. 0 DURHAM - a Z L1.0 LANDSCAPE PLANTING PLAN / - - W 0 DURHAM ' "� TIGARD ELEM. , I (U HIOOL o`�O Q SEWAGE Fanno X..._ :. T / N'. TREATMENT .. TIGARD ° : 0 0 PLANT % 4. W WI „ t: (30 pD ,0-9 • • .# ' . . . , .. LLII LJJ ��5 DURHAM -�-'�` : ; --- T PRO `.co- AFTON ` ,,�-''-� C1) I / Fil D Z VICINITY MAP - S -;-;',',474‘,,,,4,Toi LU C:0 LLI z m � �w„ .,; LLI > 0 T. /yam ,1si�yr=a ,--, (- a..�,‹, 0 NOT TO SCALE ,y.--*' '_ SE i Z cr u j ‘1# 0 U.] (SC 1*,104- \ i;-14 r/..i, 0 ..• 0 F— ria--,,- ....k. : .� � W fr CO 0 N a � PROJECT 0 ---1 r ,Isx E[���v AREA v;. �.i � :—max...... fs i i n m>.. ,... ti 'r , ale- DATUM: ��Isfi�sF ------, ____ VIM ELEVATION DATUM: NGVD 1929 BENCHMARK: 2" BRASS DISK �� LOCATION: CL MON BOX DURHAM & 85TH AVE. LOCATION MAP mg, ELEVATION: 179.155 FEET CITY OF TIGARD BM#66 WASHINGTON COUNTY BM#178 SCALE N.T.S. O UTILITY Y re THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE W SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, a EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS Pi- POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. < 0 • UNDERGROUND ACCURACY STATEMENT: .d DUE TO THE HAZARDOUS NATURE AND APPLICABLE OSHA REQUIREMENTS REGARDING CONFINED SPACES, IT IS WRG POLICY TO NOT SEND OUR FIELD STAFF INTO UTILITY MANHOLES TO RETRIEVE DEPTH AND SIZE INFORMATION. THEREFORE, ANY ELEVATION INFORMATION SHOWN HEREON IS SUBJECT TO AN UNCERTAINTY IN ACCURACY OF PLUS OR MINUS 0.2' OR GREATER (DEPENDING ON DEPTH, SIZE, FLOW, AND CONSTRUCTION OF MANHOLE). PIPE SIZES ARE ALSO SUBJECT TO AN •,,. �c 0 PROFF�J' UNCERTAINTY OF SIX INCHES OR MORE (DEPENDING ON DEPTH, SIZE, FLOW, AND CONSTRUCTION OF MANHOLE). IF A HIGHER OREGON UTILITY ACCURACY IS NEEDED, THEN ADDITIONAL TIME, EQUIPMENT, AND PERSONNEL WILL BE REQUIRED TO GO INTO THE MANHOLE 0$510*--4, : AND RETRIEVE THIS INFORMATION, NOTIFICATION CENTER ,�.��' 111 1-800-332-2344 REGON ,y bkZir B i � �l Y 15,BASIS OF ,� ti� o0 G OF SOUTH 88'42'31" EAST ALONG THE CENTERLINE OF SW DURHAM ROAD (COUNTY ROAD #23) AS SHOWN ON l 4 Ot �'ONY M•� THE BEARING ( # ) $PORE � RECORD OF SURVEY 26,866 AND 26,194 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. EXPIRES: 12-31-10 T ii. DATE 1 04/23109 DRAWN I JRS PROJECT TEAM T DESIGNED I JRS 2 CHECKED I AMR OWNER LAND USE PLANNER/CONTACT CIVIL ENGINEER SURVEYOR ARBORIST LANDSCAPE ARCHITECT CC) PROJECT # I TSD6701.50 David Metz er WRG Desi n Inc WRG Desi n Inc WRG Desi n Inc Tree Care & Landsca es Unlimited, Inc. WRG Design, Inc 9 9 g g p SHEET TITLE Metzger Ventures, LLC 5415 SW Westgate Drive, Suite 100 5415 SW Westgate Drive, Suite 100 5415 SW Westgate Drive, Suite 100 PO Box 1566 5415 SW Westgate Drive, Suite 100 J COVER SHEET PO Box 400 Portland, Oregon 97221 Portland, Oregon 97221 Portland, Oregon 97221 Lake Oswego, Oregon 970.5 Portland, Oregon 97221 Sherwood, OR 97140 (503)419-2500 (503)419-2500 (503)419-2500 (503)635-3165 (503)419-2500 W SHEET NUMBER (503)804-0507 (503) 419-2600 fax (503)419-2600 fax (503)419-2600 fax Contact: Raymond Myer (503)419-2600 fax I--- Contact: David Metzger Contact: Michele Simantel Contact: Tony Roos, PE Contact: Samantha Bianco, PLS Contact: Mike Andrews, RLA (i) C 0.0 /� O ( 5:2 0 p) N 0 CC O Z 0 % ° ■ DEMOLITION GENERAL NOTES DEO EROSION CONTROL NOTES EROSION LOCAL AGENCY--SPECIFIC CONTROL NOTES: - co= X to 1. THE CONTRACTOR SHALL BE REQUIRED TO VISIT SITE PRIOR TO PREBID MEETING TO 10. IDENTIFY, MARK, AND PROTECT (BY FENCING OFF OR OTHER MEANS) CRITICAL RIPARIAN AREAS 1. OWNER OR DESIGNATED PERSON SHALL BE RESPONSIBLE FOR PROPER 8 FAMILIARIZE HIMSELF WITH DEMOLITION, GRADING, ETC. AND IMPROVEMENTS TO REMAIN. AND VEGETATION INCLUDING IMPORTANT TREES AND ASSOCIATED ROOTING ZONES AND VEGETATION INSTALLATION AND MAINTENANCE OF ALL EROSION AND SEDIMENT CONTROL Z .a 0 AREAS TO BE PRESERVED. IDENTIFY VEGETATIVE BUFFER ZONES BETWEEN THE SITE AND MEASURES, IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. Cl) 2. CONTRACTOR SHALL BE RESPONSIBLE TO REMOVE ANY AND ALL ITEMS NOT SENSITIVE AREAS (E.G., WETLANDS), AND OTHER AREAS TO BE PRESERVED, ESPECIALLY IN Q OTHERWISE LISTED HEREIN THAT CONFLICT WITH THE CONSTRUCTION OF THE PROJECT. PERIMETER AREAS. PRESERVE EXISTING VEGETATION AND RE-VEGETATE OPEN AREAS WHEN 2. PRIOR TO ANY LAND DISTURBING ACTIVITIES, THE BOUNDARIES OF THE CLEARING 0 ■ CONTRACTOR SHALL CONTACT ENGINEER IMMEDIATELY TO DETERMINE ANY ITEMS NOT PRACTICABLE BEFORE AND AFTER GRADING OR CONSTRUCTION. LIMITS, VEGETATED BUFFERS, AND ANY SENSITIVE AREAS SHOWN ON THIS PLAN 2 o SHOWN ON THE PLANS THAT MUST BE REMOVED. FAILURE TO DO SO DOES NOT SHALL BE CLEARLY DELINEATED IN THE FIELD DURING THE CONSTRUCTION PERIOD - 'ti)°' Lo w RELIEVE CONTRACTOR OF RESPONSIBILITY AND COST FOR REMOVING ITEMS REQUIRED. 11. PROVIDE PERMANENT EROSION PREVENTION MEASURES ON ALL EXPOSED AREAS TO PREVENT NO DISTURBANCE IS PERMITTED BEYOND THE CLEARING LIMITS. THE PERIOD, � g FROM BECOMING A SOURCE OF EROSION AND REMOVE ALL TEMPORARY CONTROL MEASURES, 3. CONTRACTOR IS RESPONSIBLE FOR REVIEWING ALL KNOWN ENVIRONMENTAL UNLESS LOCAL ORDINANCES REQUIRE OTHERWISE, AS AREAS ARE STABILIZED. OWNER/PERMITTEE MUST MAINTAIN THE DELINEATION FOR THE DURATION OF THE PROJECT. NOTE: VEGETATED CORRIDORS TO BE DELINEATED WITH ORANGE > M INVESTIGATION STUDIES AND REPORTS PRIOR TO BIDDING. REPORTS ARE INCLUDED IN w co o E PROJECT SPECIFICATIONS. CONTRACTOR TO COORDINATE WITH ENVIRONMENTAL 12. ALL TEMPORARY SEDIMENT CONTROLS MUST REMAIN IN PLACE UNTIL PERMANENT VEGETATION OR CONSTRUCTION FENCE OR APPROVED EQUAL. Lo z ENGINEER ON EXACT AREAS OF CONTAMINATION, IF ANY. OTHER PERMANENT COVERING OF EXPOSED SOIL IS ESTABLISHED. IDENTIFY THE TYPE OF Lo -: VEGETATIVE SEED MIX USED. Q H 3. PRIOR TO ANY LAND DISTURBING ACTIVITIES, THE BMP's THAT MUST BE INSTALLED 4. CONTRACTOR TO DISPOSE OF ALL DEBRIS AND EXCESS MATERIAL ACCORDING TO 13. SEDIMENT CONTROLS MUST BE INSTALLED AND MAINTAINED ALONG THE SITE PERIMETER ON ALL ARE PERIMETER SEDIMENT CONTROL AND INLET PROTECTION. THESE BMP's MUST LOCAL REQUIREMENTS. DOWN GRADIENT SIDES OF THE CONSTRUCTION SITE AND AT ALL ACTIVE AND OPERATIONAL BE MAINTAINED FOR THE DURATION OF THE PROJECT. INTERNAL STORM DRAIN INLETS AT ALL TIMES DURING CONSTRUCTION. 5. LOCATION OF ALL UNDERGROUND UTILITIES SHOWN ARE APPROXIMATE AND CONTRACTOR IS TO VERIFY CONNECTION POINTS WITH EXISTING UTILITIES. CONTRACTOR 14. PRIOR TO ANY LAND DISTURBING ACTIVITIES EACH SITE MUST HAVE GRAVELED, PAVED, OR 4. IF VEGETATIVE SEED MIXES ARE SPECIFIED, SEEDING MUST TAKE PLACE NO LATER IS RESPONSIBLE FOR ANY DAMAGE CAUSED TO EXISTING UTILITIES ONSTRUCTED ENTRANCES, EXITS AND PARKING AREAS WITH EXIT TIRE WASH TO REDUCE THE THAT SEPTEMBER 1; THE TYPE AND PERCENTAGES OF SEED IN THE MIX MUST BE 0 TIES AND UTILITY IDENTIFIED ON THE PLANS. TRACKING OF SEDIMENT ONTO PUBLIC OR PRIVATE ROADS. STRUCTURES THAT ARE TO REMAIN. Z 6. CONTRACTOR WILL REMOVE AND PROPERLY DISPOSE OF ALL PLANTS, TREES, AND 15. WHEN TRUCKING SATURATED SOILS FROM THE SITE, EITHER WATER-TIGHT TRUCKS MUST BE USED 5. ALL PUMPING OF SEDIMENT LADEN WATER SHALL BE DISCHARGED OVER AN r-- VEGETATION EXCEPT AS NOTED. OR LOADS MUST BE DRAINED ON-SITE UNTIL DRIPPING HAS BEEN REDUCED TO MINIMIZE SPILLAGE UNDISTURBED, PREFERABLY VEGETATED AREA, AND THROUGH A SEDIMENT ON ROADS. CONTROL BMP i.e. (FILTER BAG). 7. PRIOR TO START OF CONSTRUCTION, CONTRACTOR IS TO NOTIFY UTILITY COMPANIES Cr TO FIELD LOCATE EXISTING UTILITIES IN THE AREA. CONTACT CITY OF TIGARD FOR 16. TEMPORARY STABILIZATION OR COVERING OF SOIL STOCKPILES AND PROTECTION OF STOCKPILE IN-FIELD UTILITY LOCATE CONFIRMATION MEETING PRIOR TO START OF CONSTRUCTION LOCATED AWAY FROM CONSTRUCTION ACTIVITY MUST OCCUR AT THE END OF EACH WORKDAY OR 6. THE ESC PLAN MUST BE KEPT ON SITE. ALL MEASURES SHOWN ON THE PLAN ACTIVITIES. OTHER BMPS, SUCH AS DIVERSION OF UNCONTAMINATED FLOWS AND INSTALLATION OF SEDIMENT MUST BE INSTALLED PROPERLY TO ENSURE THAT SEDIMENT OR SEDIMENT LADEN FENCES AROUND STOCKPILES, MUST BE IMPLEMENTED TO PREVENT TURBID DISCHARGES TO WATER DOES NOT ENTER A SURFACE WATER SYSTEM, ROADWAY, OR OTHER 8. DEMOLITION CONTRACTOR TO SUBMIT TRUCK ROUTE, SCHEDULE OF DEMOLITION, SURFACE WATERS. PROPERTIES. 0. TRAFFIC CONTROL PLAN, METHOD OF DEMOLITION, AND DUST AND NOISE CONTROL 17. BMPS THAT WILL BE USED TO PREVENT OR MINIMIZE STORMWATER FROM BEING EXPOSED TO MEASURES, AS REQUIRED, TO OBTAIN EXCAVATION PERMIT. 7. THE ESC MEASURES SHOWN ON THIS PLAN ARE MINIMUM REQUIREMENTS FOR POLLUTANTS FROM SPILLS, NO DISCHARGE OF CONCRETE TRUCK WASH WATER, VEHICLE AND ANTICIPATED SITE CONDITIONS. DURING THE CONSTRUCTION PERIOD, THESE 9. CONTRACTOR TO REMOVE ALL EXISTING CONCRETE SLABS, WALLS, FLOORS, AND EQUIPMENT CLEANING, VEHICLE AND EQUIPMENT FUELING, MAINTENANCE, AND STORAGE, OTHER FOOTINGS, IN THEIR ENTIRETY FOR BUILDINGS MARKED FOR DEMOLITION. CLEANING AND MAINTENANCE ACTIVITIES, AND WASTE HANDLING ACTIVITIES. THESE POLLUTANTS MEASURES SHALL BE UPGRADED AS NEEDED TO COMPLY WITH ALL APPLICABLE INCLUDE FUEL, HYDRAULIC FLUID, AND OTHER OILS FROM VEHICLES AND MACHINERY, AS WELL AS LOCAL, STATE, AND FEDERAL EROSION CONTROL REGULATIONS. cr z 10. ALL DEMOLISHED ASPHALTIC CONCRETE AND PORTLAND CEMENT CONCRETE SHALL BE DEBRIS, LEFTOVER PAINTS, SOLVENTS, AND GLUES FROM CONSTRUCTION OPERATIONS. LL1 REMOVED FROM SITE. 8. IN AREAS SUBJECT TO WIND EROSION, APPROPRIATE BMP's MUST BE USED WHICH 18. ANY USE OF TOXIC OR OTHER HAZARDOUS MATERIALS MUST INCLUDE PROPER STORAGE, MAY INCLUDE THE APPLICATION OF FINE WATER SPRAYING, PLASTIC SHEETING, I ma- 11. THE CONTRACTOR SHALL HAVE WATERING TRUCKS ON SITE TO PREVENT THE APPLICATION, AND DISPOSAL. MULCHING, OR OTHER APPROVED MEASURES. FORMATION OF ANY AIRBORNE DUST NUISANCE AND SHALL BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM FAILURE TO FOLLOW CITY GUIDELINES. 19. SOLID WASTE AND HAZARDOUS MATERIALS MANAGEMENT. FOLLOW PROJECT WRITTEN SPILL PREVENTION AND RESPONSE PROCEDURES, EMPLOYEE TRAINING ON SPILL PREVENTION AND 9. ALL EXPOSED SOILS MUST BE COVERED DURING THE WET WEATHER PERIOD. 12. EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS ARE SHOWN IN THEIR PROPER DISPOSAL PROCEDURES; REGULAR MAINTENANCE SCHEDULE FOR VEHICLES AND 0 APPROXIMATE LOCATIONS BASED UPON SURVEY INFORMATION PROVIDED BY KC MACHINERY; AND MATERIAL DELIVERY AND STORAGE CONTROLS, TRAINING AND SIGNAGE, MATERIAL DEVELOPMENT, NO GUARANTEE IS MADE AS TO THE ACCURACY OR COMPLETENESS USE, COVERED STORAGE AREAS FOR WASTE AND SUPPLIES. 0 -J OF THE INFORMATION SHOWN. THE CONTRACTOR SHALL REMOVE ALL ABANDONED 20. THE PERMITTEE MUST PROPERLY MANAGE HAZARDOUS WASTES, USED OILS, CONTAMINATED SOILS, EXISTING UTILITIES ON THE SITE (UNLESS OTHERWISE NOTED). THIS SHALL INCLUDE CONCRETE WASTE, SANITARY WASTE, LIQUID WASTE, OR OTHER TOXIC SUBSTANCES DISCOVERED ALL EXISTING CATCH BASINS, MANHOLES, STORM PIPE, WATER PIPE, GAS PIPE, OR GENERATED DURING CONSTRUCTION AND MEET ALL STATE AND FEDERAL REGULATIONS AND (1) SANITARY PIPE, AND CONDUITS THAT ARE NOT REQUIRED TO SERVE THIS PROJECT APPROVALS. Cl OR THE ADJOINING BUSINESS. ALL SANITARY AND STORM LINES TO BE ABANDONED OR W REMOVED SHALL BE DONE AT THE PUBLIC RIGHT-OF-WAY. 21. THE ESCP MEASURES SHOWN ON THIS PLAN ARE MINIMUM REQUIREMENTS FOR ANTICIPATED SITE L� CONDITIONS. DURING THE CONSTRUCTION PERIOD, THESE MEASURES MUST BE UPGRADED AS 13. ALL EXISTING REMAINING UTILITIES AND REMAINING IMPROVEMENTS IN PUBLIC RIGHT OF NEEDED TO COMPLY WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL EROSION AND SEDIMENT Z WAY THAT BECOME DAMAGED DURING CONSTRUCTION SHALL BE COMPLETELY CONTROL REGULATIONS. CHANGES TO THE ESCP MUST ALSO BE SUBMITTED IN THE FORM OF AN CO ESTORED TO THE SATISFACTION OF THE LOCAL AGENCY ENGINEER, AT THE ACTION PLAN TO DEQ OR ITS AGENT FOR APPROVAL. `♦♦�,„,// CONTRACTOR'S SOLE EXPENSE. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR 22. SIGNIFICANT AMOUNTS OF SEDIMENT, WHICH LEAVES THE SITE, MUST BE CLEANED UP WITHIN 24 I (0 I'- TO DOCUMENT PRIOR DAMAGES. HOURS AND PLACED BACK ON THE SITE AND STABILIZED OR PROPERLY DISPOSED. THE CAUSE f-i D Z 14. ALL EXISTING SURFACES AND SURFACE FEATURES REMAINING AND NOT MARKED FOR OF THE SEDIMENT RELEASE MUST BE FOUND AND PREVENTED FROM CAUSING A RECURRENCE OF LU Z THE DISCHARGE WITHIN THE SAME 24 HOURS. ANY IN-STREAM CLEAN UP OF SEDIMENT SHALL o co DEMOLITION AND/OR REMOVAL, INCLUDING SURVEY MONUMENTATION, SHALL BE BE PERFORMED ACCORDING TO THE OREGON DIVISION OF STATE LANDS REQUIRED LIME FRAME. PROTECTED THROUGHOUT CONSTRUCTION. ANY DAMAGE DURING CONSTRUCTION Z > 0 SHALL BE COMPLETELY RESTORED TO THE SATISFACTION OF THE AGENCY ENGINEER 23. VACUUMING OR DRY SWEEPING MUST BE USED TO CLEAN-UP RELEASED SEDIMENT AND MUST NOT 0 AT THE CONTRACTOR'S SOLE EXPENSE. IT SHALL BE THE CONTRACTOR'S BE INTENTIONALLY WASHED INTO STORM SEWERS, DRAINAGE WAYS, OR WATER BODIES. Z cc W J RESPONSIBILITY TO DOCUMENT ANY PRIOR DAMAGE. 24. THE APPLICATION RATE OF FERTILIZERS USED TO REESTABLISH VEGETATION MUST FOLLOW CC 0 W 15. ALL EXISTING TREES TO REMAIN SHALL BE ENCLOSED BY PROTECTIVE FENCING. THE MANUFACTURER'S RECOMMENDATIONS TO MINIMIZE NUTRIENT RELEASES TO SURFACE WATERS. < TIME RELEASE FERTILIZERS SHOULD BE USED WITH CARE WITHIN ANY WATER WAY RIPARIAN ZONE. 0 FENCING SHALL BE INSPECTED BY THE CITY FORESTER PROIR TO THE COMMENCEMENT CC (/) 0 ., OF ANY SITE WORK AND SHALL REMAIN IN PLACE THROUGH CONSTRUCTION, UNTILL 25. SEDIMENT MUST BE REMOVED FROM BEHIND A SEDIMENT FENCE WHEN IT HAS REACHED A HEIGHT W rim N a THE CERTIFICATE OF OCCUPANY HAS BEEN APPROVED. OF 1/3 THE HEIGHT OF THE FENCE ABOVEGROUND AND BEFORE FENCE REMOVAL. 16. CONTRACTOR TO WORK WITH ADJACENT PROPERTY OWNER TO TRIM THE EXISTING 26. SEDIMENT MUST BE REMOVED FROM BEHIND BIO BAGS AND OTHER BARRIERS IT HAS REACHED A z (._:: 6•Zei HEDGES SOUTHWEST OF THE PROPERTY TO PROVIDE ADEQUATE SITE DISTANCE. HEIGHT OF TWO (2) INCHES AND BEFORE BMP REMOVAL. W Ui a 27. REMOVAL OF TRAPPED SEDIMENT IN A SEDIMENT BASIN OR SEDIMENT TRAP OR CATCH BASINS (!J 2 P MUST OCCUR WHEN THE SEDIMENT RETENTION CAPACITY HAS BEEN REDUCED BY FIFTY (50)% AND AT COMPLETION OF PROJECT. DEQ EROSION CONTROL NOTES 28. DEQ MUST APPROVE OF ANY TREATMENT SYSTEM AND OPERATIONAL PLAN THAT MAY BE m NECESSARY TO TREAT CONTAMINATED CONSTRUCTION DEWATERING OR SEDIMENT AND TURBIDITY IN STORMWATER RUNOFF. 1. HOLD A PRE-CONSTRUCTION MEETING OF PROJECT CONSTRUCTION PERSONNEL THAT INCLUDES 29. SHOULD ALL CONSTRUCTION ACTIVITIES CEASE FOR THIRTY DAYS OR MORE, THE ENTIRE SITE THE INSPECTOR TO DISCUSS EROSION AND SEDIMENT CONTROL MEASURES AND CONSTRUCTION MUST BE TEMPORARILY STABILIZED USING VEGETATION OR A HEAVY MULCH LAYER, TEMPORARY LIMITS. SEEDING, OR OTHER METHOD. 2. THE ESCP MUST BE KEPT ONSITE AND ALL EROSION AND SEDIMENT CONTROL MEASURES SHOWN 30. SHOULD CONSTRUCTION ACTIVITIES CEASE FOR FIFTEEN (15) DAYS OR MORE ON ANY SIGNIFICANT ON THE PLAN MUST BE INSTALLED IN SUCH A MANNER TO ENSURE THAT SEDIMENT OR SEDIMENT PORTION OF A CONSTRUCTION SITE TEMPORARY STABILIZATION IS REQUIRED FOR THAT PORTION LADEN WATER THAT ENTERS OR IS LIKELY TO ENTER SURFACE WATERS OR CONVEYANCE SYSTEMS OF THE SITE WITH STRAW, COMPOST, OR OTHER TACKIFIED COVERING THAT PREVENT SOIL OR LEADING TO SURFACE WATER, ROADWAY, OR OTHER PROPERTIES DOES NOT OCCUR. WIND EROSION UNTIL WORK RESUMES ON THAT PORTION OF THE SITE. Z 0 3. THE IMPLEMENTATION OF THE ESCP AND CONSTRUCTION, MAINTENANCE, REPLACEMENT, AND 31. DAILY INSPECTIONS WHEN RAINFALL AND RUNOFF OCCURS OF THE BMPS AND DISCHARGE OUTFALLS a UPGRADING OF THE EROSION AND SEDIMENT CONTROL MEASURES IS THE RESPONSIBILITY OF THE MUST BE THE PROJECT ESCP INSPECTOR. THESE INSPECTIONS AND OBSERVATIONS MUST BE U PERMIT REGISTRANT UNTIL ALL CONSTRUCTION IS COMPLETED AND APPROVED BY THE LOCAL RECORDED IN A LOG THAT IS AVAILABLE ON SITE. DEVELOPMENT AGENCY AND VEGETATION/LANDSCAPING IS ESTABLISHED. THE PERMIT REGISTRANT SHALL BE RESPONSIBLE FOR MAINTENANCE AFTER THE LOTS ARE APPROVED, UN11L THE LOTS 32. BMPS MUST BE INSPECTED BEFORE, DURING, AND AFTER SIGNIFICANT STORM EVENTS. ARE SOLD. 33. ALL ESCP CONTROLS AND PRACTICES MUST BE INSPECTED VISUALLY ONCE TO ENSURE THAT BMPS w 4. THE PERMIT REGISTRANT MUST BE RESPONSIBLE FOR PROPER INSTALLATION AND MAINTENANCE OF ARE IN WORKING ORDER PRIOR TO THE SITE BECOMING INACTIVE OR IN ANTICIPATION OF SITE ALL EROSION AND SEDIMENT CONTROL MEASURES, IN ACCORDANCE WITH LOCAL, STATE, OR INACCESSIBILITY AND MUST BE INSPECTED VISUALLY ONCE EVERY TWO (2) WEEKS DURING INACTIVE C� FEDERAL REGULATIONS. PERIODS GREATER THAN SEVEN (7) CONSECUTIVE CALENDAR DAYS. 5. EROSION AND SEDIMENT CONTROL MEASURES INCLUDING PERIMETER SEDIMENT CONTROL MUST BE 34. IF PRACTICAL, INSPECTIONS MUST OCCUR DAILY AT A RELEVANT AND ACCESSIBLE DISCHARGE '� IN PLACE BEFORE VEGETATION IS DISTURBED AND MUST REMAIN IN PLACE AND BE MAINTAINED, POINT OR DOWNSTREAM LOCATION DURING PERIODS WHICH THE SITE IS INACCESSIBLE DUE TO REPAIRED, AND PROMPTLY IMPLEMENTED FOLLOWING PROCEDURES ESTABLISHED FOR THE INCLEMENT WEATHER. DURATION OF CONSTRUCTION, INCLUDING PROTECTION FOR ACTIVE STORM DRAIN INLETS AND CATCH BASINS AND APPROPRIATE NON-STORMWATER POLLUTION CONTROLS. ' �� PROT 6. BEGIN LAND CLEARING, EXCAVATION, TRENCHING, CUTTING OR GRADING AND EARTHWORK-SURFACE S� G t NE-E... la,_ �' F. ROUGHING AFTER INSTALLING APPLICABLE SEDIMENT, EROSION PREVENTION AND RUNOFF CONTROL � _I, ;4/l �„ MEASURES NOT IN THE DIRECT PATH OF WORK. 7. APPLY TEMPORARY AND/OR PERMANENT SOIL STABILIZATION MEASURES IMMEDIATELY ON ALL •REGON DISTURBED AREAS AS GRADING PROGRESSES AND FOR ALL ROADWAYS INCLUDING GRAVEL O^ ROADWAYS. �'-'L9. Y 15,ZO ckCY 8. WET WEATHER BMPS: CONSTRUCTION ACTIVITIES MUST AVOID OR MINIMIZE EXCAVATION AND yONY wt. CREATION OF BARE GROUND ON SLOPES GREATER THAN FIVE (5) PERCENT FROM OCTOBER 1 EXPIRES: 12--31-10 THROUGH MAY 31 EACH YEAR. -.I 9. WET WEATHER BMPS: TEMPORARY STABILIZATION OF THE SITE MUST BE INSTALLED AT THE END Q OF THE SHIFT BEFORE A HOLIDAY OR WEEKEND OR AT THE END OF EACH WORKDAY IF RAINFALL DATE 104/23/09 IS FORECAST IN THE NEXT 24 HOURS AND EACH WEEKEND AND HOLIDAY. F." DRAWN I JRS DESIGNED I JRS 2 CHECKED I AMR CO PROJECT # I TSD6701.50 D SHEET TITLE GENERAL NOTES (1) SHEET NUMBER Elm' (1) c al 1"' A Z M v3 4 ■ CM / _ 4 as. �... CO I C Lo co RS ti < /'/Y///////// °' u-t zli .,.,. ,/r(L.. . I \0° 1 lk I / CZe -5"k.s """'<w q . O-— 1 5 c 9 `"'"... `/ it %....., ✓ I © W LEGEND — U) z 0 / I 8 i) 05 Z T"'"' W ! / _ _f ■` l 4 / EXISTING PROPERTY LINE W � �, : _:s EXISTING CURB LINE ti=.:00000000.00eik 4 f FENCE LINE X X� i �,�,e��, /'/ EXISTING AIL �' /� EXISTING 5' CONTOUR LINE °'" —° _./�� �` 001N EXISTING 1' CONTOUR LINE _w !/r / ._ « ,// CD EXISTING ROCKERY WALL CD ly.:—... 111110, , 58- "-=�' Z -�- /! ," EXISTING CATCH BASIN , , • a / !,,/'' /� 6 d s i�• NIF Cr O / . i ® i e O // /'/ ei DECIDUOUS TREE / j� 4 ` • a o EXISTING GI ..-- /m'' Cl. * y d a,. ta c---17° .4 03 r ff /' ti ' ° e ° i 0•••• ! g cy �~ i, , _ :�:a' i PROPOSED TREE PROTECTION 3 e< ° 4 . `it`a a,��' , LLI y +,;�/® (SEE SHEET C1.1) ....-- (1) 6 )10,00‘ ah, 4 .1 / 0 ...7pH 44, I 1111F 41 //, 2 .4... 1 "1 low . e miii rj-r° , / W L-1-1 0 t`'t, ®o°a.«««.«...,.««w.«mww . 4 `\r./ a""a A e e / maga i g F :31 a # t �`. // w d 4 s a !'a I it!!cl1581 J W. z cr I,:i / 0 11-1::I it. k „il 3 e i f t+t i 1 , ie E ■fir i `J /J///a 10:i (/) Izi d a i l'‘::::„...-;,-111 m E. f a 1 1 ,,,i, 0 CO W z Ba o wi"- f f ® Z 0# a u) • x an., 0 / A W f A, 1 e "" / CD 0 w u._ �,10,/////::::::-., °J� �e to ?i!i! a f/ (s I s = j DEMOLITION NOTES F— N eci" 1s i r i s� *" f 0 i ' v.— "� © f V a ! ! ki st X la /E,i1 i f �vJ �� 1� s#e s '+"`�", 4 6 .a .-„,j i �` � ® + +® t' REMOVE EXISTING STANDARD CURB W �. + ° \\\\\ PROTECT JOINT--� ` LREMOVAL LITS OF ESTG CURB 6 • a- x _-�-�—°""_ FENCE WEST OF NEW PROPERTY LINE .,4 to o �o„__ „_«"m.__ [_ _3 REMOVE EXISTING T w"w" .. """°".,a" 111111;31%►"' rdip e : q ,�' Ri REMOVAL LIMITS OF EXISTING FENCE �°'aw awn °4," „a. ® ® f w -.`""' w w,"� ,�a`ba ' a`� ~ � ,...,_,...........1 t•� ... «m+..wI\ f I r da\ ��} ,� � a� © REMOVE EXISTING ROCKERY PLANTER ISLAND. WALL MATERIAL TO BE STORED AND P , 1 REINSTALLED EAST OF PROPOSED CURB. SEE SHEET C3.0 FOR NEW WALL LOCATION. SEE �,, ; ; `, SHEET L1.0 FOR NEW LANDSCAPE PLANTER LOCATION. r:2 `` ( rte ° `� ,✓lii � ., 1 i $ ; 6 PROTECT EXISTING TREES. SEE SHEET C1.1 FOR TREE PROTECTION NOTES AND DETAILS. U ,--"--- \ \‘. . ' © 12_ PROTECT EXISTING GATE POST w A�/s ° TION , 04\_.---- \ ‘‘ , �.. � l .`a, wm_ s . — ,�———,� 8 PROTECT EXISTING STORM INLET, SEE SHEET C4.0 FOR EROSION CONTROL INFORM i i i py ,, ►i \ a.., +° 6 r I 0 } ►. 6 \ I 1 i i 8i d Irl,g Orr• a j, \ ! i '16- %*-,,,,,,,......\ I e s t ; ^ r \ i ‘m S 4/;:::-% ��a .0 1 ; ir 40:,,,,,,,/ a ,•,. .... \ 11 0 Ws°1 'NI ,,.._ 9 I .... ,co PROr e 'w 4 t e LJ / -I MI 9 $ ; 1 iv ®r t! t i t '-J i «emu ""'q ,,`A► 'EGON wwww., `"...` v • ��?• 11 r 1 i I 4 1 i o ©u 4,�"." [Olvy M. t i t s II 3 ; ��"„�" I "®w- wgyw."4r EXPIRES: 12-31-10 e t t 1 , { , , 1 ., , w„ Q i d vs, 1 - .., 1 t t a d® �., O 7.............-- ---- , ---- _ (� • ..~"«wmw«"'«"w-»., DATE 1 04/23/09 e t DRAWN (JRS d # `. , , `"" DESIGNED I JRS i rr�■I-- t 8 ie a0A 1 i� "*.- 8 I i i `�SY y,®y a i b",�44 8 E ye+ ,, ",® �� CHECKED I AMR i I a t _ , PROJECT # I TSD6701.50 i it I I o t SHEET TITLE d it e d # ; CO $ q „/..,�pA�,maw - ms «wJ d� �� 1 i ., s _ >%; SCALE: 1 =10 EXISTING/DEMO ! l d 't' `_ SHEET NUMBER $ t 'i "�t / 'P i i �/ �sever+d I Sty �,,+ee �� Jr 0 1D I II i 3 3 I i "", _.°, p ► i 3 s + _ t i i as "..«I •°. �r++" +a e c aw«m«.°/ e° n (s0 C I■0 I v'. ,+ tc•?.. CO° $ ` t3'i (NI a©. CC n / - Co co M _ © I • �,,'. c rn / TREE SURVEY TABLE LEGEND = x w -_. Q SPECIES DBH EXISTING PROPERTY LINE — — 8——-- 15R. L'a — .. L. ,..,, ,, 1 GIANT SEQUOIA 24" EXISTING CURB LINE ------- o -7 I 2 GIANT SEQUOIA 22 EXISTING PROPERTY LINE X X Gj / / A 3 GIANT SEQUOIA 22" -� • ,/� T » EXISTING 5' CONTOUR LINE `°-15 --_--°_--' _ o 4 GIAN SEQUOIA 22" a (,n d` 5 GIANT SEQUOIA 22" EXISTING 1' CONTOUR LINE -•-«-_•_---____1 •_______________ c Z / �,� 4 ,� 6 GIANT SEQUOIA 22" EXISTING ROCKERY WALL CD (JJ c I // EXISTING CATCH BASIN W Lo IA ‹ / I;-°- -A-; I * 008 �� --- .--� -�" �-' — � SITE TREE PROTECTION ION .�.--- ----� .� � '� r$_ EXISTING DECIDUOUS TREE I ,/' • WRAP TREE TRUNKS WITH 1/2" THICK PLYWOOD. DO NOT FASTEN PLYWOOD DIRECTLY TO TREE BY -- , ��-� / ,__°m°_11111' METHODS THAT WILL PENETRATE ANY PART OF THE TREE OR OTHERWISE DAMAGE THE TREE. THE ,�,� �.i .°--158---°,® ,�' �'I / �, jy�, ; / PLYWOOD WILL BE USED IN LIEU OF STANDARD WIRE TREE PROTECTION FENCING. s ° f- /'� d°` s. .1. • IT WILL BE NECESSARY TO PRUNE AWAY ANY LOWER TREE LIMBS SO AS TO PROVIDE 10' OF VERTICAL / ® i° i° . d ' ; CLEARANCE ABOVE FINISH GRADE. PRUNING SHALL BE SUPERVISED BY AN ISA CERTIFIED ARBORIST AND ° / SHALL BE DONE TO ANSI STANDARDS. °�. I; R .�; PROPOSED TREE PROTECTION cr III .„,„_______,..,-------------- , ----". ANY OTHER LIMBS THAT MAY INTERFERE WITH CONSTRUCTION EQUIPMENT CLEARANCE SHALL BE TIED " ° ' Hi ,/ BACK IN A MANNER THAT PROVIDES ACCESS FOR THE EQUIPMENT AND PROTECTS THE LIMB FROM y°d °i ' , i ''` (Ti-0 DAMAGE. 1, ✓- ° a ° a_ -''� �...�' C' _ • EXISTING BOULDER RETAINED PLANTERS SHALL BE REMOVED TO ORIGINAL GRADE. A CLAY SOIL FILL HAS - 1 ,., BEEN PLACED TO CREATE THE PLANTERS AFTER THE GIANT SEQUOIAS HAD REACHED THEIR CURRENT I �,d°�® I a o�. �� MATURITY. CARE SHALL BE TAKEN NOT TO DAMAGE ROOTS THAT EXIST AT ORIGINAL GRADE. HAND WORK d° ° ,�;�: WILL BE NECESSARY TO REMOVE THE EXISTING SOIL THAT IS WITHIN SIX VERTICAL INCHES OF EXISTING TREE PROTECTION NOTES l ` ,./—'`' TREE ROOTS. HAND LABORERS SHALL BE INSTRUCTED TO GENTLY SCRAPE AWAY THE LAST LAYERS OF CC d. �!i et°q �s®A LLI ,,, '' ;mq,,�,`; �° Q / SOIL ABOVE THE ROOTS WORKING IN RADIAL DIRECTION OUTWARD FROM THE TREE'S TRUNK. THIS WORK . : �, 1. CONTRACTOR SHALL PROVIDE TREE PROTECTION AND INSTRUCTION TO d ",., WILL REQUIRE ON SITE SUPERVISION BY AN ISA CERTIFIED ARBORIST. +.,� Q . ALL EMPLOYEES AND SUBCONTRACTORS PROHIBITING EQUIPMENT, Ha Jr° 4 —/ • 2" VEHICLES, MACHINERY, GRADING, DUMPING, STORAGE, BURIAL OF PRUNING OF ROOTS 2 IN DIAMETER OR GREATER SHALL BE AVOIDED. ' DEBRIS, OR ANY OTHER CONSTRUCTION-RELATED ACTIVITIES IN ANY /, '\ -A opmg.~m 7 / • FINAL DESIGN OF THE PARKING LOT SYSTEM SHALL BE REVIEWED AND APPROVED BY AN ISA CERTIFIED TREE PROTECTION ZONE ,� ..________«.___.._____________________�__«____ _ g Q �,/`� ARBORIST. 2. ONLY THOSE TREES IDENTIFIED ON THE APPROVED TREE REMOVAL Ill 0 s' I ip°°°o°� .p, ,�-;�,°»a PLAN ARE AUTHORIZED FOR REMOVAL BY THESE PLANS. Z �,,�,� ., 1 /° 4 �,:.``- -« PARTY < —1 f,,, NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, ANY P 1 ° ' /FOUND TO BE IN VIOLATION OF THIS CHAPTER [18.790] PURSUANT TO °,` r° �!` rr"'_-1 �° CHAPTER 1.16 OF THE TIGARD MUNICIPAL CODE SHALL BE SUBJECT TO .� ,� I ° •; . � .�'� GENERAL TREE PROTECTION PLAN Ur) . ® t;,; A CIVIL PENALTY OF UP TO $500 AND SHALL BE REQUIRED TO Vii'; /'� REMEDY ANY DAMAGE CAUSED BY THE VIOLATION. SUCH REMEDIATION EL (f) CD .., PRIOR TO CONSTRUCTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: 1) LIJ 1 U-I t IDENTIFY AND NUMBER THE TREES TO BE PROTECTED, VERIFY BY NOTE REPLACEMENT OF UNLAWFULLY REMOVED OR DAMAGED TREES IN �� °, li t Y MAPPING AND/OR TAGGING AND NO E ACCORDANCE WITH SECTION 18.790.060 (D) OF THE TIGARD z fr s ° i �1 THEIR SIZE IN D.B.H. (DIAMETER AT BREAST HEIGHT), VARIETY, HEALTH AND STRUCTURAL CONDITIONS, T CIVIL -'� 8t. , REVIEW PLANS. ( DEVELOPMENT CODE, AND 2) PAYMENT OF AN ADDITIONAL C e: ``„. N°-,�;°�if� / PENALTY REPRESENTING THE ESTIMATED VALUE OF ANY UNLAWFULLY ...... us) F... °' a / • CHECK WITH LOCAL GOVERNMENT AGENCIES FOR TREE PROTECTI REMOVED OR DAMAGED TREE, AS DETERMINED USING THE MOST ,/ ON ORDINANCES. ArAp �' I ' CURRENT INTERNATIONAL SOCIETY OF ARBORICULTURE'S GUIDE FOR 0 D Z i / • REMOVE ANY LOW LIMBS THAT MAY BE IN THE WAY OF CONSTRUCTION EQUIPMENT, AND PRUNE AS PLANT APPRAISAL. Ui Z ,' ,� • NEEDED TO ADHERE NAA STANDARDS. _�� 3. IF WORK IS REQUIRED WITHIN AN ESTABLISHED TREE PROTECTION > Q co Irr op\ © , • NOTIFY ALL OTHER CONTRACTORS THAT THESE TREES ARE TO BE SAVED AND PROTECTED. ZONE, THE PROJECT ARBORIST SHALL PREPARE A PROPOSAL 0 ,-�'° t / DETAILING THE CONSTRUCTION TECHNIQUES TO BE EMPLOYED AND THE �? W 1 j�;: LIKELY IMPACTS TO THE TREES. THE PROPOSAL SHALL BE REVIEWED 4,0 ,1 /►®s,.,r ° ° IDENTIFY IFY INSPECT DISEASE PROBLEMS M MAY REQUIRE TREATMENT AND APPROVED BY THE CITY ARBORIST BEFORE PROPOSED WORK CAN r ':_' �t ' d PROCEED WITHIN A TREE PROTECTION ZONE. THE CITY ARBORIST MAY C� r ,; I i , DESIGN LANDSCAPE ISLAND AND PLANTING AREAS LARGE ENOUGH TO ACCOMMODATE TREES AT s = I i REQUIRE CHANGES PRIOR TO APPROVAL. TI4 PROJECT ARBORIST C;l C,� �, 'Is ; � o MATURITY °, / SHALL BE ON SITE WHILE WORK IS OCCURRING WITHIN THE TREE °,cam : i Lii ° PROTECTION ZONE AND SUBMIT A SUMMARY REPORT CERTIFYING THAT :a2 �� r �� HAVE AN EXPERIENCED ARBORIST REVIEW LANDSCAPE PLAN TO ASSURE THE RIGHT TREE IS PLANTED IN PROPOSAL AND WILL NOT s I, THE RIGHT PLACE AND PROPOSED CHANGES DON'T KILL RETAINED MATURE TREES. THE WORK OCCURRED PER THE PROP W 0 H CC I ( ,Q/ SIGNIFICANTLY IMPACT THE HEALTH AND/OR STABILITY OF THE TREES. Q ;°°'. �, ► • CHECK FOR PAST AND PROPOSED GRADE AND DRAINAGE CHANGES, CONSIDER THE EFFECTS. < .1/tw::::::,-,.-:- r \ 4. PRIOR TO COMMENCING ANY SITE WORK OR THE ISSUANCE OF PERMIT, R- ,76., I :- ' `� THE APPLICANT SHALL ESTABLISH TREE PROTECTION FENCING AS MINIMIZE ENVI RONMENTAL CHANGES.�� DIRECTED BY THE PROJECT ARBORIST AND CONDITIONED BY THIS °°°�°®° ,� ... DECISION TO PROTECT THE TREES TO BE RETAINED. THE APPLICANT >- °.®° :' M DURING CONSTRUCTION SHALL CALL FOR AN INSPECTION AND ALLOW ACCESS BY THE CITY co ,„ ° ° - • KEEP EQUIPMENT OFF OF THE ROOT SYSTEM TO AVOID COMPACTION. ARBORIST FOR THE PURPOSE OF MONITORING THE TREE PROTECTION ~°°4.° ,,�i MON ,� TO VERIFY THAT THE TREE PROTECTION MEASURES ARE `PERFORMING ~° IP/,;;`-"� ° ADEQUATELY. FAILURE TO FOLLOW THE PLAN, OR MAINTAIN TREE ~�- `w°°"°°° 'lo' �, • KEEP EQUIPMENT AWAY FROM STRUCTURE TO PREVENT DAMAGE TO TRUNK AND LIMBS. PROTECTION FENCING IN THE DESIGNATED LOCATIONS SHALL BE "`°° _ .°"4° 1) � 4°y= 1 �� ...�. ,, , • DON'T ALLOW CHEMICALS TO BE DUMPED ON THE GROUND NEAR THE TREE, I.E., GASOLINE, DIESEL, GROUNDS FOR IMMEDIATE SUSPENSION OF WORK ON THE SITE UNTIL �.- °°',°® ►�` s ° PAINT, HERBICIDE, CLEANER, THINNERS, ETC. REMEDIATION MEASURES AND/OR CIVIL CITATIONS CAN BE PROCESSED.11, `�� �`�, a 0 °,� • PROVIDE MEANS OF TEMPORARY IRRIGATION IF THE PROJECT RUNS THROUGH THE SUMMER. ' �\ *'; I } •"� • IF ROOTS OR LIMBS ARE CUT OR DAMAGED, HAVE THEM INSPECTED BY AN ISA CERTIFIED ARBORIST AND 0 ...---''' \ `‘ I ' ° REPAIRED OR TREATED ACCORDING TO HIS/HER RECOMMENDATIONS. a_ it: i 1 U cr - ��� `i .,,o,„_ s • PROTECT THE TREES FROM EXCESSIVE HEAT, I.E., EQUIPMENT PAVING AND/OR BURNING. . c.)• • o w . .' ' ' , ,, GENERAL. NOTE 4 ® g - °^� AVOID TRENCHING THROUGH THE ROOT SYSTEMS, BORING UNDER THEM OR HAND DIGGING CAN SAVE � ` f� o CONTRACTOR TO \ 4� I ����''�.°'"° +%"a "'"`"”`w�»"°" w.°'... •�^^'mow°�. 0 � , °� ROOTS. a i o 0 SURVEY AND MARK OUT \ \ t , � 0 , , �, LOCATION OF PYWOOD ,Q a �,,,,,. \ • CONTACT THE ISA CERTIFIED ARBORIST FAMILIAR WITH THE SITE PRIOR TO AND DURING ANY ACTIVITY "O. o FENCE PRIOR TO 4 ��� I ° \.. WITHIN THE DRIP ZONE OR TREE PROTECTION FENCING FOR CONSULTATION. o . t�: • INSTALLATION FOR PCA t «« «r! o ,ie,..,,, • Qi a (PROJECT CONSULTING 44\c: EXISTING TREE 4, , � ARBORIST) APPROVAL. :- �4_ $ J:;:1I •,, AFTER CONSTRUCTION ..Q °�, TO REMAIN ° %'.° ° ., • CAREFULLY LANDSCAPE THE AREA UNDER THE TREE, BEING CAREFUL OF THE ROOTS AND STRUCTURE. •�-r o =o? o 0 \\\ ' ,�' `•. USE PLANTINGS THAT WILL LIVE UNDER THE SAME CONDITIONS AS THAT OF THE TREE. o G .•,,-, { 4 i ' 1 ' °-. • AVOID DIRECT IRRIGATION SPRAYING ONTO THE TRUNK. THE AMOUNT OF IRRIGATION NEEDED TO KEEP ' IP -. NEW PLANTINGS ALIVE CAN OFTEN BE ENOUGH TO KILL MATURE TREES. a - �••• . N� NE ° ,rte' (j( y / �s 0 ° 0 iv, , : s j° i i ~~�'�`°"° _ • DO NOT COVER EXISTING ROOT SYSTEMS WITH MORE THAN 2" OF SOIL. THE MORE SOIL YOU ADD, THE o A/ --156.,„ tY�r tiri�i' REGON . ,�� GREATER THE CHANCES OF DAMAGING THE ROOT SYSTEM, II: / f .�� ` ' 4�`°°,°° ��i��l ibi 'iltii�ii�Lr y t/")- 15 Zcf 4 I .,.°tlp _ ,�M+°a 1!�1 1 4' 15, o0 s , i °� I `1 1 ON Y 0.1 '` "�°_..a°° i!�Irit EXPIRES: 12-31-10 it I ; i ' , 6 I p _a"_ ° I Imo, di t t o O--M---- • " _ %_._ FINISH GRADE �, ;�.�..� � �I k : , °.°�_...__ _� -- X --- __,_. VARIABLE a X37 - T o C( iii a : ''°\ '1 "-.°°° PER PCA DATE 1 04/23/09 a ° :11111::',°, ;° ; "., DIRECTION i % ° °4A DRAWN I JRS t _ :� `� "°"° DESIGNED I JRS I it , . ~ `;— _ "'; CHECKED I AMR t a ! DETAIL: TYPICAL TREE PROTECTION co PROJECT # I TSD6701.50 i , , (I)I SHEET TITLE ° i 'pw.a°gf E P d°g SCALE. 1"-�C' . , TREE PLAN / / i 41 7- ;..< f r r / r D I °+: : ,�r 10 5 0 10 0 F." / , ° ° (I) / I CI' if k 1 — .....MMIMMIMMWIIII.10.• •■•■• ••••••• ■•■■•■•■■=1”1.0111M%MM. C V/1 ■ O g , 0 g (41 CC C:15 S •••■•• •■■•■■••■•■■■... .0.00 i ‘NN............ Z 0 .71":: (I) a) _ 2 Lo r) o X 21+00 W cL u_ _ 22+00 O 23+ CD �.. 24+00 `SW DURHAM ,..__ -__-------�--- ROAD ------ .5 ' - o N ai all" 0 I.T .X.M........ Mi. .... ........... OM 11.1........1111 ........,,,,,,,,,..,..„ S87'31'58''E w cn Fo) F., t .72 W I I , I I I , �i I 1 1 (..!:5 1 i 1 , i �� z I I :I I 2I`° �C 1 1 ''` / i Cr I I S88'42'31 �/ • • _— E I �/ < . ,�,I Cl. i LEGEND 1 w i r : ,.�� EXISTING ACCESS I I [.,..-•"'' EASEMENT Cr I : EXISTING PROPERTY LINE -- ------ OM OM 4WD ONO '- ---"' W I I :— 6' PROPOSED EASEMENT LINE Iff i \ E%1 I EXISTING CENTERLINE -- - - - - - -I Z� Z ■ i 1 ' ' I EXISTING RIGHT-OF-WAY LINE ...N. MID 4111111111101111111111111111•11111 41111111 IMO --- �- MD �-'-- I I 1 0 1 • I PROPOSED PROPERTY LINE --•--••---••.••�••.••—'•'�"' Z II I W I CO I w Ww 2 co 1 , w i N , 1— Iliw I N t°Q•• In Cl)I �C? I I w o `r- I D .. i ' 7950 SW DURHAM RD m to 8048 SHAFFER LN TAX LOT #: 2S113BA00401 N 1 w F.— TAX LOT #: 2S113BA000300 I I I r N I 7800 SW DURHAM RD ' o TAX LOT #: 2S113BA00200 D Z i z I a,, W z ' 1 W, I > 0 • I �I� I >is 0 1 w 1 1,,,, co cr - crw I E I .- 1 0 Z, < Ow i I 0 I ocoo . . 1 , 1 .. i , I ZNO I I 1 ; D 0 F-- ';,ii z , , . . I I 8' W W 1 0 1 ' 20.00' Pv"I I I m 2 1 1 1 , (, w Q I >- I I jM.. , _ !". W � _-• w-- --,w•.. _wwi..w_w . _ww_wr_-.r .r._ rr -_ r___. i 1 I � ZNI I I (1 1 1 ' i I` ' 588'42'31"EJ i x25.00' 1 1 I PROPOSED STORM I I 1 I I I EASEMENT I I 1 , 0 1 I I i ac a , 1 V 1 I M U I I VIII tot to it ,! I e--I N W i I �� a w I o N p 1 w • , liI ,. ° i 44 a �- 1. 1 I I I : D PROF ' : S*1\" 1 N s "SsSio I 4 �. 9 . I 1, �`'�' ��D4 z • 1 r I 1 ' "' 1 i 1 r 1 • r I OREGON I I I L____________ 1 : _ N88'43'S8"W 242.67' ------------- -- w-w--i-- I I SCALE: 1"=30'=30 a H. DATE I 04/23/09 I I IT $11111111711111■111111111 i i 30 15 0 30 DRAWN I JRS I I . DESIGNED I JRS 2 CHECKED I AMR PROJECT # I TSD6701.50 fn SHEET TITLE BOUNDARY ADJ. CD SHEET NUMBER Fan (/) C2.0 FQ ti HI_ c Lo 12 .I , / a. IL v/ I / <Z tg I 5°)C°9 / LEGEND T CD Z r o/ -1<7 / EXISTING PROPERTY LINE - _m_ a, 0 ---- --- I � © W \,....1 1 PROPOSED EASEMENT LINE a N Z zo 0 S / / EXISTING CURB LINE M I-'�� / EXISTING FENCE LINE X X W ° Z ^ - EXISTING CATCH BASIN � I .... o ___ ---° -''�/ I EXISTING DECIDUOUS TREE („J II--'�i I Z CC ..,--' ; ,/..f., Iii ,,,:.4 `„ ,,,,;,,,,,,,,.„..,, ,....„,.., ,/„....4.7,;.. PROPOSED PROPERTY LINE ._ �' R5.00' 0C-0 1 E PROPOSED FENCE LINE x -- x X .......■ 4f:t a_ ID _,- „,,,,r,'-'.k, ,, ...,-,,..,, • / 4 ;:�:,:. � , , ;; : a PROPOSED CURB LINE CC PROPOSED EDGE OF ASPHALT 4, ,, „,„/„,'f'1o: :�: • .��;:r,./, o .r / nor,"'' :;r,-.:' �'. / , PROPOSED ASPHALT PROPOSED ROCKERY WALL W 1 0 (....) .1 1: (31) P- 1:--0-4) 1 4 1 I .... z1 <7 I W / C) /7 I Alk , .1 1 . 1 ilj .. i I 4 / I[I EI ,, Y: Anti r/y/]/��f T . / . !► (/) (11) , ' /, 7-4{ ,/ , 3, /////// CONSTRUCTICJN NOTES iIlx o.I l c 1 1 I ;.:.,.„,,.;',:,,;,.-,-,,›„.,,;,:,..,f l,A,.,,”i1.',-.:,,'t ,..-,i.,,'-,n/?,,,,,./i,.-.',,,.,.,`..,,i,..‘,:,,%:,,::,,:,;,,/..,...„,,/,/,.,/,,.m1--,,.,r:,,g,.,.i.,.r,/,„,/I,,,,.T,4,,e/„ .%,,,„.„,,',4,,,,„,,„.r4..,,..,„-:,„--,.,,/..,.„:'.,,_„--,..,,,-.-.-,„,.-,,,,, ,„.-,,-,;-<:,,//l ,.,,',,‘,,,, ' H I I I 4 , 1 w I CONNECT TO EXISTING STANDARD CURB '�/flflA ,f.! i ".r.:,/f r ; .laif,F/f l'! ±25 s gr/�!� f >, Q/.-_Fy;-�, ;,,t ;fi./.•,,;^f!`�,v,c, 4 / Ii- CONSTRUCT ASPHALT VALLEY. USE EXlST1NG ASPHALT EDGE AS BUTT ly :r„�fy ; -,r / JOINT. SEE SHEET C4.0 FOR GRADING. W CD FW Z r-iIf I,lcc (f1) El .. --/.,-f•,„.,,<-,/,4-,,./.;,,-,,”- .//-,,-,w",,` ` ` J Z<IW mm_ ..,, I 4 � C CONSTRUCT STANDARD CURB. SEE DETAIL. r <_I..I))C >EW N 1W 2"r 1"o I - RI CONSTRUCT CHAIN LINK FENCE. FENCE TO CONNECT INTO AND MATCH Q I EXISTING FENCEt ,,,:-..,,',,.,:, II . < zA 4 S R4c1/„ [s-iCONSTRUCT ASPHALT SECTION. SEE DETAIL FOR SECTION. ,/' J O P ,f,,..,'F R5.00' d 6 CONSTRUCT ROCKERY WALL USING MATERIAL FROM EXISTING i� ,� BE NO MARE THAN3' TALL ( 1 ROCKERY LANDSCAPE BERMS. WALL TO 0 / I71 CONSTRUCT RAISED ROCKERY PLANTER. SEE LANDSCAPE PLAN L1.O Fl FOR DETAILS. !I C_-)._.I.. rxt. , /fr /7%' <k,: 15 co :- -'''';''''',,,,l' '''''';i7,.:'/,'y '�`t� "' R500 • E I 4 "i"n o ti t�=- Il EDGE /1 Q 3/4" R 64:—. �7i1ili 1 :;;;',',' Vii'.` "�, .reX i "�'� ::.. y:::.,J`l�a Orr;: cfi ,.;. • -- • 6 I �A��, N, R5.OQ' -6- ,, , :,,, ,5,,,,,,,, ,,,, , ,,,,„„:4....- .7,,„,/ ;/.., „„i„,„1 .,„ y.. ,..„,, ...r a AC PAVEMENT • •• A 4” TYPE C COMPACTED TO 91 OF • ,..---"111/7-\'' !I C) El ilc I / `,> , /, . :- MAXIMUM SPECIFIC GRAVITY OF THE,,,',,,:,T”,2,1... "''''''' \ 4 ° 0 91 .. . - M!X DETERM{NED BY ASTM D2041 r4 • ••04 0\ I ., yA. O O ©01. ` ` ; R5.00' Re mitelitimralat MI 111' Asa f irmtWA-111tWa "4 Amii 400 1 0 •-- O • Ix Npr /..1 10/4/tirditeritrik 411,11F. gimp 0 11. I '="1 1 1111___ 11--:ice 11 "1 I=1 l © •° :. I 44 1 I I liti .i 11-- 1 I----11 w-M-11 I 1 11.- TM'1{ -I 1=1 i,_ AGGREGATE BASE \ Q ,, A . 3/4" #10 CONCRETE AGG. k,..___ 9” --Id - , - R5.00' ,,rk. NOM. COMP. THKN. fi \ 1760 = _ . % f.:fr f. ff COMPACTED TO 95% PER ASTM D698/, i 1 El , , .,...,,,,,„,,,7,.: „ / * ., NOTES: % f( #+n• 5 G t NE �, „.., , , _277.,_/,,„ ,/..,/ ,, $,,. , ,>; COMPACTED SUBGRADE 1. TRAVERSE EXPANSION JOINTS TO BE PROVIDED AT EACH POINT OF TANGENCY 2 y . r . r-, ! ., OR FILL TO 95% 4::`-' ,�'. J, - `�,,,, ..,-. „.,,,.;„,,,,,r. OF THE CURB & AT OTHER LOCATIONS AS REQUIRED TO LIMIT THE SPACING �'"/ FT . � ; � ; � �- TO A MAXIMUM OF 20 FT.r „� r . u t-EGON ,5 r.. -12,/,F..f;; , ::, : ASPHALT PAVEMENT SECTION ,, 2. TRAVERSE EXPANSION MATERIAL TO BE PRE-MOLDED NON-EXTRUDED MATERIAL 9,� �Y 15,2 �� 4 �,;.,.::. {r ,A NOT TO SCALE \ lx 1 /''' ''Y'',/:. ;,. ;, r f WITH A MINUMUM THICKNESS OF 1/2 0 : :, r =T<; , ., ',ONY M �' 3. TRAVERSE CONTRACTION JOINTS TO BE SPACED NOT MORE THAN 10 FEET APART WITH A DEPTH OF AT LEAST ONE FOURTH OF THE CROSS SECTIONAL AREA. ..J EXPIRES: 12-31-10 4. CONCRETE BREAKING STRENGTH TO BE 3000 PSI AFTER 28 DAYS. .416. 5, DRAINAGE ACCESS THROUGH NEW CURBS SHALL BE PLACED A MIN. OF 2 FEET DATE 104/23/09 1!......r.,,,,,,r4,0111),0111,......_.4111........d% i P . AND MAX. OF 3 FEET FROM PROPERTY LINES. DRAWN I JRS x DESIGNED I JRS 4 6 STANDARD CURB Ill -- NOT TO SCALE 2 CHECKED I AMR I I o ii PROJECT (TSD67Q150 SHEET TITLE I il • SATE P�.AN SCALE. »=10' C SHEET NUMBER .: I II .. r Ii )0 5 0 10 �'..' (I) T.,... C3.0 ..-------- I 1 .. 6„ ,7 \ ''',..,„„ ---] - 6 IN :Cf3 O Z O d; - : ° p-- I 4 LEGEND _ o9,, ' W Z Q cc -5- 1 \-__I EXISTING PROPERTY LINE - - °°-"„« _ PROPOSED EASEMENT LINE 0 0 • o co /` I EXISTING CURB LINE - rn Lo z EXISTING FENCE LINE X X 72 d; / I EXISTING 5' CONTOUR LINE ----°'---155 W o EXISTING 1' CONTOUR LINE ---------------156 `n çt;•�:iii 0 3 12 2 LO ���� � � EXISTING CATCH BASIN�% GRADING AND EROSION CONTROL NOTES I '/ "-- • I 1 CONTRACTOR TO INSTALL SEDIMENT FENCING PRIOR TO ANY CONSTRUCTION o 0 AND MAINTAIN FENCING FOR THE DURATION OF ALL CONTRUCTION ACTIVITY. EXISTING DECIDUOUS TREE _/ ® I SEE DETAIL. Z -. °_ TC154.64) CONTRATOR TO INSTALL SEDIMENT PROTECTION ON ALL EXISTING INLET PRIOR 0 3 BC154.14 TO ANY CONSTRUCTION ACTIVITY. SEDMENT PROTECTION TO BE MAINTAINED FOR DURATION OF ALL CONSTRUCTION ACTIVITIES. SEE DETAIL. CE �,'' Ix TC155.16 0 ®-�°' BC154.66 3 ALL PROPOSED GRADES TO MATCH EXISTING GRADES IN PARKING LOT AND PROPOSED 5 CONTOUR LINE 155 �C �✓ 1 3-•-%-+► (R153.90) SURROUNDING PROPERTY. PROPOSED 1' CONTOUR LINE 156 CIL I 1 USING ROCKS FROM DEMO OF LANDSCAPE BERMS. ...� ..� ............ Z t`4 CONSTRUCT ROCKERY WALL USN PROPOSED SEDIMENT FENCE XX XX TC155.12 TC155.73 WALL TO BE NO MORE THAN 3' TALL. wow < II I I ZBC154.62 BC154.23 # 4 PROPOSED INLET PROTECTION ( ) ..J 1 0. CC I \........--, [0 I - �, T nT--° LLI PROPOSED SLOPE X F. 3 Q 0 EXISTING SLOPE (X)% ,,,_ Z I . i_ c--- ,,/ PROPOSED TOP OF CURB ELEVATION TCXXX.XX 7 PROPOSED BOTTOM OF CURB ELEVATION BCXXX.XX Cr u j I-Z 0 TC154.69 � ---------'''''''*.'."”''''" 4:1-1 4 } EXISTING RIM (RXXX.XX) Cs) .. �._ 7 T amul ��� EXISTING ELEVATION (XXX.XX) 3 (J) xx TC155.31 TC154.92 1c BC154.81 BC154.42 PROPOSED ROCKERY WALL �✓ i W W 1 c x W ilcx TC155.51 TC155.12 �..Z CC T BC155.O BC154.62 �1 //, �._.. (/) ilx r. �....._ L 4 !ixX Cr W Z 0 ::::::: I...-- O 1 /x I a / '�, ►Z 44. ‘IP) TC154.95 Cr BC154.45 FILTER FABRIC MATERIAL 36 WIDE ROLLS 0 Lii 111 � ( ) �, TC155.46 TC155.0 - ,, < / Z (/) 0 ...../ d ,!•//•11•!••!■/i•!•!■/•!!//■••[ •••i•/■ j BC154.96 BC154.57 f ,../....ai.ii/iii........1111. ./.!./. �T N } ' 111111•11•1111111111111111111111111111111111111111•1111111111M 1111••111•11 c- ,"/!/■/!■11.11!■/!!■■!/■/■/11■/,1111■#■■ ry.ci 4 tl) I 3 I 1l11 11"11•!!!"11!!!11■!■11!11■!/11//■i■!/■ CATCH BASIN GRATE 1!■!i/11//!!"11!11!•!"■■■!11111111!!!!11/ •11••1111111111•1111•1111••1111111111111111111111111•111111111•11 < 0 Fa 14.<4Z ric31 2 �6 1/1111■!■11!11/11■/1111lii11l11!!!!/ �.','�.�':t.:: ��������������������! `�f`��`".I TC155 40 ;% t 01 ' !///!!/!/■ !/!!i/1111/!/!/ r`I`i ,,• �•.�j�� Q t i � , . . t 1111 " " 1!!/!/i//!//!/i11///11/!!■ `�``'. •� `'�`51 '� '•�yr s • �T 1 11//!11!///11!11/1111!11 1111!!!■ •� •�/iii!/i!■!i/l111iili!■ . r.• :.,.•::'••.:;•-^:;:;: . •/■"•••••••!/"••••••• CATCH BASIN ".iii%.1iiiii11iii -, •......... - IIIIIMIIIIIOIIIIINIIIMMEIIIIIIIIIIMMIIIIIIIIIMNIIMIIIIMMIMF p o Q V \______ • .- _ U ti co ac •d v 0 Z i° Lo g. d (4 4 x 8 0 CO C C— V = L SWDURHAM ROAD � p W •. ,o m N Z • ,/ ° 2 o 40 o co • __ ,..._ 0 0 � h• C o. . ' \ .i '_ :.y 4. '° ° 4 EVERGREEN HEDGE - —� ..- �° d` 4 Q d: SEE PLANTING SHEET L1.0 '='' ,, o o' _ ° " ° d- d = ' . . FOR SPECIES AND SPACING o G 2 CALIPER DECIDUOUS SHADE TREE d a' o LOCATE ROOTBALL 1" ABOVE FINISH GRADE 0 Are..._................. 011IINIIIIIIIIS NIMINIIIIMIIIIIIIIIIIMINIIIIIIIIIIIIIIIIII , 4 , c icTh 6:2 0 z ,011111.1._ I, t4 z "...) W. (7-2) CD CD C." )•`-‘111Th 4111°4111°fa 11I0•is, MI! ‘ . 1 Cr *'. 5 .i# 4 ° I t1iNk MiN 3" MULCH LAYER ii 96 296 Mini F— Z I PROPERTY LINE I OPE SLOPE TOP FACE OF WALL O J DEDICATION t + '—— �,,,� 4 EXISTING / 6" /////////// /// //// IP 9096 RELATIVE COMPACTED RELOCATED TOPSOIL I cc LANDSCAPE - 4 111' d 0 a. TO REMAIN RELOCATED WALL ROCKS - SEE CIVIL PLANS I— :44.a � I II I I II III PROPOSED 6' FENCE C- " c• 3 MULCH LAYER BETWEEN WALL AND CURBING LI ---I HGT@ OF WALL H —W_--W--HHW • +.d 3" MULCH LAYER Z I"—' 0 I --- PROPOSED CURBING I PEII II17=1 II Ia 4 SEE CIVIL PLANS.WEED BARRIER < Z 4 FH H 11 III .-� I".� . SEE CIVIL PLANTING STALL T • FINISH GRADE AND a EXISTING BOTTOM FACE OF ;.// uip.::•' . r� �_ /� ``./LANDSCAPE WALL \\.;\\� ` I I I 1 I I III II ;' 0 TO REMAIN I \ \/\/�./\/\/\/\/\/\ I I. _ \\\\ \\\\\\ . - . )._i..•._#::•.:#�#._�,._•._•..#._•.:•.dlw/\\/�/\\/\\/\\/\\/\\/\\/\\/\ °J_ �T �f �l y�r7 �I/1/<7/7//- 1 "r ` / ///j\�/\/\/\//\// 0 ".,. " ''. '• `•... ` " " 0 d- p." 4 .. w Z " S I =, UNDISTURBED SOIL \i/\i/\! / ,\i/\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ %%'%% %%%'%%%%' %%% .. Q. Ii......A A/\/\/.\/\/,\/,\/. /,\/\/.\/.\/.\/.\/.\/.\/.\/� \\/"./\�/�/. - Qd. >:/‘ F-- Ili (I) ' • 'I Z x ////////////////////////////// • C . I / _J W I- 4 <Q NOTE:Q - • / - SEE CIVIL PNS FOR ADDITIONAL INFORMATION. SECTION < •, • -- O� .- NOTED HERE IS TO INDICATE TREE AND SHRUB PLACEMENT T T— Q ONLY, WiTHIN THE RAISED PLANTER. 4 �N : / W s _ / Q 0 �s 55o • / PROPOSED C-2 SECTION 0",,CCg• BUFFER PI ` 4 ; ' � � N.T.S. � � * i�0 a x ANTICIPATED _ • , '' •i LIMIT OF --''� op i,►.moo..-..w...1:4 / C]) ..CI CC i '►; .;.'�.; i ,:.': DISTURBANCE .' / (11) 0 0 �-''� IO �"',•�►�+►�.,•,�,.,+,.♦� DEFINED BY / i. i+ ;4.4 ",�4.1--4 AREA OF `� C /- s •, ,0,:::*.; () Jx i . !j�','i'i► +►.'�►.'�.*.'� PROPOSED ,.. , ea �'�'-'..'- ,-'�•��� � STALLS r �• - /�� _* w .7,r .. 0 �/'� p so •• 4• _/ JACKSON BUSINESS CENTER TREES QTY COMMON BOTANICAL SIZE/SPACING 0., i' • EX#STING / DURHAM ��0 0 hANDSCAPE / 7800 SW DURHAM ROAD m / 2" AS SHOWN ELEMENTARY �;o •� . :; ;.;« ; o REMAIN (TYP) / i� 11)1' �.4.. ��*.•4 ,,� 5 COLUMNAR SARGENT CHERRY PRUNUS SARGENTII 'COLUMNARIS' 2 CAL SCHOOL • ti cz) 14)fi:.#•••# •�••*�•� . / i* 'UV ►1 M.►O+ PROPERTY t''' 'W,it!). '':'SS.+i'4*r / x #'r ‘0 ' 4±;`_�''`'''�'`•''`:4; / SHRUBS QTY COMMON BOTANICAL SIZE I SPACING is i NOvAiii.♦i'` OTTO LUYKEN' 2 GAL.J 3'-0"O.G./ OP) i Si d 0 51 OTTO LUYKENS LAUREL PRUNUS LAUROCERASUS INSTALL WEED BARRIER UNDER 1� Orr -� ' d / A 3"LAYER OF MULCH IN AREA 00 .0 r. *.;.�,�; •o EXISTING EVERGREEN - / BETWEEN PROPOSED FENCE AND 704 ;!• ,,,�.,,,:.:•�, TREE TO REMAIN(TYP): ° / Z 3., • 00 '*''►'''+• PROTECT TREE DRIP LINE / • RELOCATED RAISED ROCK PLANTER. OP i ,,!,±+*+ •,±•,►j T ° ' / PLAN a. ''`'"''�' DURING CONSTRUC ION LANDSCAPE FOR ENTIRE LENGTH OF ��: �+►�*� T E • TYPICAL O E 8.444.1r:— GENERAL .,, 1,,' •.••,. ,•. /////////////,ter//////////////i cc RELOCATED PLANTER. � `y� +;.+.�.;��►+.�•;.�►;�►+ ACTlVITES - ) to i�► i _.__ ____. it 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF TIGARD PLANNING w PROPOSED FENCE is i ' ' -„, DEPT. D i , ! �; 2. ALL PLANT BEDS SHALL HAVE A 3" DEPTH OF BARK MULCH. w PROPOSED C-2 BUFFER: -.� ! i ,'i� f 'i' r•�"�.��'�,►e �� •8'WIDE PLANTER AREA . �...,,.,,►,,,..�,,�,,,.1 3. LANDSCAPE AREAS SHALL HAVE A COMPLETE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM WITH FULL p •6' HT FENCE 1:'�� `�;�':�i'%:+:*.;.:+.'.:•., , ,.,,,,,,, HEAD TO HEAD COVERAGE. SYSTEM TO BE DES#GN-BUILD BY OWNER'S LANDSCAPE CONTRACTOR. --- WM � Y A le•+►', � •'',''� EXISTING DECIDUOUS•ROW OF 3' HT EVERGREEN SHRUBS Here,- >tt.' --•;'ti. ,,,'+' . ,•. .'►.+,�� TREE TO REMAIN TYP NURSERYMAN'S M •2"CAL. DECIDUOUS TREE- 15-30 O.C. i0 �►�;►.•�...•+,.�+..,+.+,+.+�, ( ) 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN ASSOCIATION � �f - ;< STANDARDS, ��`°�` �r �-� i, i+-:,,�,�.,...e,:..�,,,e EXISTING LANDSCAPE .,�'' ,`,� . Jii - '' !' TO REMAIN (TYP) .:-- -` 1 RELOCATED RAISED ROCK PLANTER: i0 i ! �; NOTE: 5. CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FOR ALL PLANT MATERIAL SUBSTITUTIONS FROM THE # ;:t ,rte; GIS T. RELOC iO LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. PLANT SUBSTITUTIONS WITHOUT PRIOR WRITTEN 'S,'+"'. . � ' REPLACE ROCK WALL PLANTER AND ALL PLANT MATERIAL IN AREAS DENOTED BY HATCH AND ANY : = ;. # 7 i j" ZE EXISTING PLANTS TO THE i'0 t !►_ . -7-'+ APPROVAL THAT DO NOT COMPLY WITH THE DRAWINGS AND SPECIFICATIONS MAY BE REJECTED BY THE "�' ,L A;,;: y' 62 , , UTiLI i0 �����f_. ���1.Phi ADDITIONAL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES „ GREATEST EXTENT POSSIBLE. fat •.•t:*+►:+.1,4��*►' LANDSCAPE ARCHITECT AT NO COST TO THE OWNER.THESE ITEMS MAY BE REQUIRED TO BE REPLACED WITH SHALL BE TRANSPLANTED TO THE RELOCATED ROCK PLANTER �` '" ►j'+''+'* ' ' ':'4/41 PLANT MATERIALS THAT ARE IN COMPLIANCE WITH THE DRAWINGS. Z 5 -~ INFILL AS NECESSARY WITH LIKE �,4 � ++�•+•�•�•�•� AREA WEST OF THE PROPOSED PARKING STALLS. .p MICHAEL P. ANDREWS PLANTINGS TO PROVIDE COMPLETE v., '`'`t`... :`*. "�' SCREENING REQUIREMENTS i0 ��,I: 4 OREGON iv +".'�'.'+ .'�'.'�►**'. ,*l,' % P PROPOSED - E R - TR FF :68:WIDE PLANTER AREA J EXPIRES 02/28/10 HT FENCE •ROW OF 3' HT EVERGREEN SHRUBS < •2"CAL. DECIDUOUS TREE- 15-30 O.C. DATE 1 04/22/09 I iii. DRAWN I PEG SITE REFERENCE MAP DESIGNED I PEG CHECKED I MPA EXISTING EXISTING FENCE SOCCER PROJECT # I TSD6701,50 w Cr) H T TITLE :.5 =I rim rilihk..N D FIELD � SEE 1 PLANTING PLAN C X X Iw Ix SHEET NUMBER r i---r 0 10 20 40 80 a L1.0 1 x I 'r- OF # SHEETS g..1 N r -•\ • & 8 g z ac 8 METZGER PARKING RECONSTRUCTION , O ces Ts 0 o � 8 W [:) t■Issi R imill A M E limor E Mii E hilS11 .1111 A R Vir pg z .g. 0 o . m 8 W co � to 0 wg 1:4:3 . /Ell ROSS RD. # ' 2 a < GEN•it : - = '1:4iIr, SHEET INDEX • T:EURO �� - • KENTON a"—o F.:♦ • �.._.x x -x_._x�. ..- ' I•• 4E2".`��N° o �° . .�>_A > , .,__$_.� C0.0 COVER SHEET P LN. HF ST. r�a■■.�a� 406:::':'..'11><1.. ' •SHFO DST. _ TU ORD ::. .::. t.. I ►4 .; : C1.0 EXISTING CONDITIONS/DEMO PLAN rr b' D. . , - . '� PROJECT • . . • ....�•• . . �� :: • .' • . GR EN NG - �► C2.0 BOUNDARY ADJUSTMENT 6 .: • • . I HAMLET ------- -- °° CT+ Z • • . VkJNITY �------------� C3.0 SITE PLAN ;0,ST .. • "� • s, •• •. CHUB H DURHAM C4.0 GRADING PLAN ,� ILL � RD. I 0 4 AVONST. P i : _ "-. < .. ! -. L1.0 LANDSCAPE PLAN I— LP• r• �-- ON ST. • • a...IIIIMIIMMI■.. ir i c,c)...... • > • DURHAM co CS) PV • * Q DURHAM • 1 rnala" : TIGARD SCHOOL I�� �; HIGH SCHOOL < '°� 0 SEWAGE `* - �'� 1 I N t• TREATMENT TIGARD PLANT G. 0 I 00 � °: io!frFanno aV •x � . -.: Hui * a (OH ri-/ /W/////1/////,r////lf///7// ,,� ��5 DURHAM . •. �- . 0 o� Get`' AFTON ,A° . Fain ■ e ti -�- --. to (U)a I VICINITY MAP ,...--* � . IJ.J 0 -0 ,,,, :- N Cr OT TO SCALE �•�' L T 0 o . . . CJ T 0 . , _ 1 co _, ...,,Lilf AD r ' . Er ,it o v • 1 < .?... ,tilir . 0, - ......._ : ,} l *. I r CI. laTe ';;„v. a" �ssssy DATUM : . ` y T W T ...____, ELEVATION DATUM: NGVD 1929 W 61" < 0 2"BENCHMARK: 2 BRASS DISK LOCATION: CL MON BOX DURHAM & 85TH AVE. TT. T D CD LOC LOCATION MAP X11/ F." w ELEVATION: 179.155 FEET CITY OF T �IGARD BM 6 C� CD 1 CC WASHINGTON COUNTY BM#178 SCALE: N.T.S. cc N a w UTILITY STATEMENT: B ON AND EXISTING DRAWINGS. THE > THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION ill < „� SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, 0 T EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN .� 0 ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS U R- POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. UNDERGROUND ACCURACY STATEMENT: DUE TO THE HAZARDOUS NATURE AND APPLICABLE OSHA REQUIREMENTS REGARDING CONFINED SPACES, IT IS WRG POLICY TO NOT SEND OUR FIELD STAFF INTO UTILITY MANHOLES TO RETRIEVE DEPTH AND SIZE INFORMATION. THEREFORE, ANY ELEVATION INFORMATION SHOWN HEREON IS SUBJECT. TO AN UNCERTAINTY IN ACCURACY OF PLUS OR MINUS 0.2' OR I li 0 i k GREATER (DEPENDING ON DEPTH, SIZE, FLOW, AND CONSTRUCTION OF MANHOLE). PIPE SIZES ARE ALSO SUBJECT TO AN 4-iii UNCERTAINTY OF SIX INCHES OR MORE (DEPENDING ON DEPTH, SIZE, FLOW, AND CONSTRUCTION OF MANHOLE). IF A HIGHER OREGON UTILITY ACCURACY IS NEEDED, THEN ADDITIONAL TIME, EQUIPMENT, AND PERSONNEL WILL BE REQUIRED TO GO INTO THE MANHOLE NOTIFICATION CENTER AND RETRIEVE THIS INFORMATION. 1-800-332-2344 Iff BASIS OF BEARINGS: 1�0 �� t THE BEARING OF SOUTH 88'42'31" 1 EAST ALONG THE CENTERLINE OF SW DURHAM ROAD (COUNTY ROAD #23) AS SHOWN ON 4r4 PORE RECORD OF SURVEY 26,866 AND 26,194 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. SORB PROJECT NO TSD6701.00 DATE 11/07/08 PROJECT TEAM DESIGNED BY: CBM DRAWN BY: CBM OWNER LAND USE PLANNER/CONTACT CIVIL ENGINEER SURVEYOR ARBORIST LANDSCAPE ARCHITECT CHECKED BY: AMR Tigard Tualatin School District 23J WRG Design, Inc WRG Design, Inc WRG Design, Inc. Tree Care & Landscapes Unlimited, Inc. WRG Design, Inc 6960 SW Sandburg Road 5415 SW Westgate Drive, Suite 100 5415 SW Westgate Drive, Suite 100 5415 SW Westgate Drive, Suite 100 PO Box 1566 5415 SW Westgate Drive, Suite 100 Tigard, Oregon 97223 Portland, Oregon 97221 Portland, Oregon 97221 Portland, Oregon 97221 Lake Oswego, Oregon 970.5 Portland, Oregon 97221 VER (503)431-4000 (503)419-2500 (503)419-2500 (503)419-2500 (503) 635-3165 (503)419-2500 j N 0 S _ (503)431-4047 fax (503)419-2600 fax (503)419-2600 fax (503)419-2600 fax Contact: Raymond Myer (503)419-2600 fax Contact: Rob Saxton Contact: Michele Simantel Contact: Tony Roos, PE Contact: Samantha Bianco, PLS Contact: Mike Andrews, RLA Cliv OF fiGARD i'l At\nr -,:ifT;';! . , ''',17ERWG COD .r • epA,..1toti•- 000t3 . , r • & 8 e 0 a N CO 4 4 Cr C35 - 4' 4 4A 0 Z 0 TIZ--r. • a °° 1 Co CONSTRUCTION NOTES — Q I °+ �� II REMOVE EXISTING STANDARD CURB � u' 4 Q a � PROTECT AC EDGE FOR FUTURE AC JOINT 8 ti Fl PROTECT EXISTING STORM INLET . Vt Z '' r a Fi REMOVAL LIMITS OF EXISTING FENCE, WEST OF NEW PROPERTY BOUNDARY N � 5,5 I ci RELOCATE EXISTING RAISED ROCKERY PLANTER ISLAND BEHIND PROPOSED PARKING STALLS 0 0 'ci I TO BE DESIGN/BUILD BY OWNERS LANDSCAPE CONTRACTOR - 0 4 El PROTECT EXISTING TREES SCALE 1"--.10' IIIi I ��v,{�ii���� 6 PROTECT EXISTING GATE POST i ail A r j 144 All o .ci -------.- _maga! � '4IW TREE SURVEY TABLE -ic , � / ,�''_- l+� O SPECIES DBH �II� 1 GIANT SEQUOIA 24" / * Ell �,II � I 111 o� 2 GIANT SEQUOIA 22" / 'ti El 'l �Ir � � 3 GIANT SEQUOIA 22" / Ii ' ��IU El çTr-° GANT SEQOIA X � I� I' a 5 GIANT SEQUOIA 22" 11� 10' 6 GIANT SEQUOIA 22" - y, 1i _._ 1� .'° z 0 AW2i — a SITE TREE PROTECTION c/I /� 4 • WRAP TREE TRUNKS WITH 1/2" THICK PLYWOOD. DO NOT FASTEN PLYWOOD DIRECTLY TO TREE BY EN— a ,'r __ �� METHODS THAT WILL PENETRATE ANY PART OF THE TREE OR OTHERWISE DAMAGE THE TREE. THE (m) ° PLYWOOD WILL BE USED IN LIEU OF STANDARD WIRE TREE PROTECTION FENCING. 154 � �, 4 ° IT WILL BE NECESSARY TO PRUNE AWAY ANY LOWER TREE LIMBS SO AS TO PROVIDE 10' OF VER'TfCAL � (Y�Q .11,-\ \,`, CLEARANCE ABOVE FINISH GRADE. PRUNING SHALL BE SUPERVISED BY AN ISA CERTIFIED ARBORIST AND N SHALL BE DONE TO ANSI STANDARDS. F-- * '�'tI • ANY OTHER LIMBS THAT MAY INTERFERE WITH CONSTRUCTION EQUIPMENT CLEARANCE SHALL BE TIED (III) i M / DAMAGE. A MANNER THAT PROVIDES ACCESS FOR THE EQUIPMENT AND PROTECTS THE LIMB FROM BACK IN „It Q littii i a / EXISTING BOULDER RETAINED PLANTERS SHALL BE REMOVED TO ORIFINAL GRADE. A CLAY SOIL FILL HAS Z Z 0 / BEEN PLACED TO CREATE THE PLANTERS AFTER THE GIANT SEQUOIAS HAD REACHED THEIR CURRENT � O E. I\ MATURITY. CARE SHALL BE TAKEN NOT TO DAMAGE ROOTS THAT EXIST AT ORIGINAL GRADE. HAND WORK \ f��M � WILL BE NECESSARY TO REMOVE THE EXISTING SOIL THAT IS WITHIN SIX VERTICAL INCHES OF EXISTING J (.....) \ \\.11". � _ - TREE ROOTS. HAND LABORERS SHALL BE INSTRUCTED TO GENTRY SCRAPE AWAY THE LAST LAYERS OF 0.7 �* 4 / SOIL ABOVE THE ROOTS WORKING IN RADIAL DIREC110N OUTWARD FROM THE TREE'S TRUNK. THIS WORK El �i , WILL REQUIRE ON SITE SUPERVISION BY AN ISA CERTIFIED ARBORIST. UJ Q • 111=4411111 -�� // • PRUNING OF ROOTS 2" IN DIAMETER OR GREATER SHALL BE AVOIDED. O Y /�� 0 4 / • FINAL DESIGN OF THE PARKING LOT SYSTEM SHALL' BE REVIEWED AND APPROVED BY AN ISA CERTIFIED � J NOY \,./.* / ARBORIST. WrN O t;t1 46 1 40 in -1 / v.: imell 0 i 1111 d // (11)** Z I f.�,� i� Q � GENERAL TREE PROTECTION PLAN z_... � �OC N-....N„....., D ->!IIII ill S� PRIOR TO CONSTRUCTION 0 76-41 '.�,—I�� II I IDENTIFY AND NUMBER THE TREES TO BE PROTECTED, VERIFY BY MAPPING AND/OR TAGGING AND NOTE � 4::( z ���Ai THEIR SIZE IN D.B.H. (DIAMETER AT BREAST HEIGHT), VARIETY, HEALTH AND STRUCTURAL CONDITIONS,�� d REVIEW PLANS. Q a �, ! CHECK WITH LOCAL GOVERNMENT AGENCIES FOR TREE PROTECTION ORDINANCES. Z El. QQ 0 so- liii 2 • REMOVE ANY LOW LIMBS THAT MAY BE IN THE WAY OF CONSTRUCTION EQUIPMENT, AND PRUNE AS O ...1 Z 'r� ��', � 4 .41 NEEDED TO ADHERE NAA STANDARDS. < O �� ����, ___ • NOTIFY ALL OTHER CONTRACTORS THAT THESE TREES ARE TO BE SAVED AND PROTECTED. 0 u D W t �� 0 �, • IDENTIFY ANY INSECT OR DISEASE PROBLEMS THAT MAY REQUIRE TREATMENT 0 r 1 cc (� ( �� DESIGN LANDSCAPE ISLAND AND PLANTING AREAS LARGE ENOUGH TO ACCOMMODATE TREES AT Z N Q LJ J �� MATURIN M D* \ I � HAVE AN EXPERIENCED ARBORIST REVIEW LANDSCAPE PLAN TO ASSURE THE RIGHT TREE IS PLANTED IN �F— � Q/ THE RIGHT PLACE AND PROPOSED CHANGES DON'T KILL RETAINED MATURE TREES. . W 'R Q — i � / •\ 1 �\\ ����1�� C::::: M: AR::::SGRADE AND DRAINAGE CHANGES, CONSIDER THE EFFECTS. LU;; C M . G F- P. III El o � l \ I _grid , 11111111iss•--- DURING CONSTRUCTION ir,04 '• � • KEEP EQUIPMENT OFF OF THE ROOT SYSTEM TO AVOID COMPACTION. \ EZ I ��� KEEP EQUIPMENT AWAY FROM STRUCTURE TO PREVENT DAMAGE TO TRUNK AND LIMBS. j��-- �` • DON'T ALLOW CHEMICALS TO BE DUMPED ON THE GROUND NEAR THE TREE, I.E., GASOLINE, DIESEL, \ El H' 0 PAINT, HERBICIDE, CLEANER, THINNERS, ETC. PROVIDE MEAN OF TEMPORARY IRRIGAl10N IF THE PROJECT RUNS THROUGH THE SUMMER. 11) 1 / • IF ROOTS OR LIMBS ARE CUT OR DAMAGED, HAVE THEM INSPECTED BY AN ISA CERTIFIED ARBORIST AND I 3 4 � 6 S6 : REPAIRED OR TREATED ACCORDING TO HIS/HER RECOMMENDATIONS. I� I 11111 t�I) Ell • PROTECT THE TREES FROM EXCESSIVE HEAT, I.E., EQUIPMENT PAVING AND/OR BURNING. '4 ii � . AVOID TRENCHING THROUGH THE ROOT SYSTEMS, BORING UNDER THEM OR HAND DIGGING CAN SAVE PROJECT NO: TSD670t00 �r I El 0 X X • . ROOTS. DATE: 1V07/OB �, ��� „�� CONTACT THE ISA CERTIFIED AR80RIST FAMILIAR WITH THE SITE PRIOR TO AND DURING ANY ACTIVITY DESK�NED BY: CBM f � �it, �* WITHIN THE DRIP ZONE OR TREE PROTECTION FENCING FOR CONSULTATION. �'�• DRAWN BY: CBM 4111111111' ,\!'�, �� 0 AFTER CONSTRUCTION CHECKED BY AMR I I � Q � �� • CAREFULLY LANDSCAPE THE AREA UNDER THE TREE, BEING CAREFUL OF THE ROOTS AND STRUCTURE. USE PLANTING THAT WILL LIVE UNDER THE SAME CONDITIONS AS THAT OF THE TREE. •� 611p,—`� AVOID DIRECT IRRIGATION SPRAYING ONTO THE TRUNK. THE AMOUNT OF IRRIGATION NEEDED TO KEEP � � Ji EXIST/DEMO � �f NEW PLANTINGS ALIVE CAN OFTEN BE ENOUGH TO KILL MATURE TREES. l 1 J , � �� • DO NOT COVER EXISTING ROOT SYSTEMS WITH MORE THAN 2” OF SOIL. THE MORE SOIL YOU ADD, THE PLAN ' GREATER THE CHANCES OF DAMAGING THE ROOT SYSTEM. do h ' It/ t nn , ..1 1 1 a) 1 1 ov Z 0 , C.4 O 1 O 1 MN , ____ ____________________________ ____________________________________________________________________________________ ____________________________________________________________________ ________________________ _ 1 �� 1 -------_---__--------__--__-------_------�--..- __--_-_....___--__ N01`15'54"E ___ __�___i___ ' _w�___—��__��___ �__.win' __���__ ___w.�.__�..w.�__�.,.�__��__��__� 498.62' I I r r I 1 i;N r' 1 I r 1 t 1 xv 1 r � 1 00 I 1 I ' r D 1 t rz � c 1 1 I°° _ ' N)141 CO '6"" Z1103 > K N kJ al3 i I �� -P ° ' I O N 1�t J I r �' i a . 1 1 1 I t 1 h r,I 1 t I 1 , I I-- 0 ....I q , 1 r 1 I r 1 1 r i I 1 S011 5'53"W oN 152.99' ��'�� ! 1 .,..�. o,-P L a a\ i E___ S01'15'53"W ° O ©S a r 207.33' m_--.---_-------_--_------------------------__ ' 1 123.86' , t I r ■ I I 1 \ t I IN I A I 4,$ x Co j ��` g ,_.___..__J I r \, i 0 O - I I\\ I I\ .1 i , i.) 0 \. I n . ' 1 co ) 0 '% 1 I (N o Po v)D `�. I I O rn fWóFi;. O n !AVE r I --Z 1 1 I i I 1 j (//(°' I N . • . 111. F;n 1.v a to = ° °I °. BOUNDARY ADJUSTMENT w R G m ›A Z z n 1 C N I N .0 -1 2 P., C m D E s Oh‘ GD :{ Z :c o Poi OR 97221 5415 SW Westgate Dr, Ste 100 Portland, � o C) co TIGA R D-TUALATI N SCHOOL DISTRICT #23J Tel 503.419.2500 Fax. 503.419.2600 v 1 Z1 n n S to 0 p p MANNERS ENGNEERS a LANDSCAPE ARCHITECTS ■ SURVEYORS "`‹ �o K E oo TIGARD, OREGON .■ • & 8 g r 0 Fr: N 4 4 4-IA 0 z O ri-: 8 41 I ,/ .' CO t k CL �or 3 3/////////1//7/7/// ,..' N / Ali._ 00 , w z .16ca , -5k -/---- - I I / A 0 el; . 1 \...- 1� / I � � SCALE: f'=f0' � � � 3 v w c% (Id 1 // ` / f0 r!! ..Elimo■I 5 0 14.4 4 � � o _ a CONSTRUCTION NOTES � ,/,, Q CONNECT TO EXISTING STANDARD CURB / III El CONSTRUCT ASPHAT VALLEY � � 1 � c / USE EXISTING ASPHALT EDGE AS BUTT JOINT j El CONSTRUCT STANDARD CURB x � 1211 CONSTRUCT CHAIN LINK FENCE E --- -- I - � R5.00' C( i _ 4 ://, , ,/, ,.. Z --a I 18' n / y 11 i � R5.00' O 141 1-- it 4 / I o - (P----° 4 / < / 0 D "I", r I 4 / f r C f)C\I I 4 El R5.00' d / C PAVEMENT 4 DENSE F--- * (1) 1-- Ll � j v ±25' a, I 7, Z V 1 < / 0 Es 14 17' I R5.00' a 4 / illitWVIPSWAPVITIMISTIG 0 ciii ) wer.• .•:• ••.• .:• 11.•ir, pc 11 0 . I � —�t�I�II.�l���ll III, - w ci A J [øc -_ / AGGREGATE BASE ' R O � \ R5.00' a / 3/4" #10 CONCRETE AGG. V O NOM. COMP. THKN. 6" I ■I ° / EXISTING GROUND IZ p' P ■ 7 L. it j_ Al R5.00' a CL. H Q fc .... o 'iiii � CC Q o e-4\ z U-1 D (9 ----6- I-- w ,, �r R5.00' 1 Cr ft I � O 17• ma N a O CC D iiii 11 I w u j < cc „---- \ _......, 18'—a--- I Film 0 g (I)�' � Al 5.00' � \ ,__,_ l' i \ 11 i _ 0 .- 1 ri i � � R5.00' \ 12 i 1\ \ Li \ cii 17. 1 1 -..... , _18' I Il R5.00' 1 ./4 , 1 ` P PROJECT NO TSD6701.00 ■' � � 110 "- -......... X x (�(� DATE 11/07/08 I � 0 � DESIGNED BY: CBM I I X DRAWN BY: CBM I J 1 I ° CHECKED BY: AMR I I I I SITE ,I I 1 1 PLAN C3.0 r , O. PA I a a a a. . "4/k. o � • as CO I -. r 5 in k a . d' • ' . ,1°' N. 8 0 . i rig z ,,,,,t. 7 .. . .. rillh. . , -5-\- \\*,..... . . , a . . /55 \....• . ‘11 rif 0 6 a • I A SCALE. 1'=10' to 3 ccA f ,...,,, ,‘ a 10 5 0 10 � o .... -- \ * 4 , Lo — z 0 wg ill i _____ ./"--- ,. a ,. - ..- ...-A- ... ." _Aga 0 „mow.- , 4 4■■°°° °. 'le Fil juilk.7 ' � / X �/ pr ':' EROSION CONTROL LEGEND '1- / � � 154.14 CL SEDIMENT FENCE — XX XX XX — / * � ii ' 15466 —� 3 t t ' RIM-153.90 (7O INLET PROTECTION . X / 114 I I I <_ 15462 15423 d O H. if I C. (:j—o 0 l I 0 4 D —) Ill � I 154.19 / a �'Y� N II I J 4 (i) 1-- i-- * (31 154.84 154.45 141 I . . . Z 0 Iio 1 .1 3%� o °a 0 CC � 15 .�T (1) tjI � \/ _ 154.63 ,a V W 5 II l'iII : ■ 1 CC f' _. 154.45 4 J 0 k � �J � zO rP 'I 154.96 154.57 r I li I • . <7- 4 it (j) CE (I) 154.90 ►I z iI I �� � ___._._ 154:51 Q 7S I 154.41 Q z O._ Q 1 ilo I II ' o ,IIIIIS RIM=154.41 JCC ellij Z Q 0 0 -31 it!' ■-./.. AL.._IV Nfrw \ e 1_6____ . 4 . CL iii D I— w ❑ 1 •.07 154.68 711H Z N c) °k I 155.11 � uJ CD Q a F. cc cs . � / \ / I 155.50 0 2 I= PI „0-- ,. _ , ----- \ ` III 0 155.17 \ :wily\ .il 0 4;77 r ....... I ,'� 55.95 155.56 :1' I1 3%, 156.60 1 t;F\ 156.93 156 l p4 ' s '� � � i� � PROJECT NO: TSD6701.00 II � _ ♦ X •X • DATE 11/07/08 I � 0 ��, DESIGNED BY CBM I f x DRAWN BY: CBM 1 I All 1 CHECKED BY: AMR � � +� GRADING I I i � • rip, ''D�1 PLAN I 171 L.,,••••/. A ... J C4.0 _ . N Q Q ' ' N 0) CO Z O d X . � .,_ co • 4 d d 4 4 ar $ ° .g ZS i 11. LL 11110 1 MB 4 A o 4 4 d o 4. d 4• e 7 T .. - d' 4 4 e C q Ot Z a co Lr 0 CI ■ ""°"~,,,-�.. ,....... - SW DURHAM ROAD - a 8 1 Tes N CO CO 43) ai • W CO O i Li") . Z T a I— `4 4 b4 4 qd 4 ea. 0 4 � • ...a �..�..�. ,,,. •4 0° ;,,a 4 Cy 4. 4 a 4 ,/z .4% • mumarmummommommummmorms 01"" An, \ 4° d 4 A 4 \ 14 ,/,‘ gib ntsiO 0 \ 4116 ob OM e 4e z wl _ a e 4 R EXISTING L ) (------- ANDSCAPE Z 4 Lail 0 TO REMAIN // e LL / a / 0 4 4 / :'4 FM. e 0 4. 0 / / 21 D .....) 4 f / EXISTING • - LANDSCAPE Cr) Cr C\I TO REMAIN d: e . I-.-- - , q• e. / . 4 d Q (+I1)-- - 4 d o�• 4 •4 z c:�„ ,o 4 4 d d e4. �, _ of, _ 0 CIC 1 \,.. ___- . . ..,_ 0 A '4 ' FM ►* r' CO) (ID 4. �.�1 4 Z CI 4111 . d `� j o - .._I * •flhi:àL4!►,••t�t�t'�tt•~��t:4 ( /��fr►s�•......•stt.../� / r i it•.♦i..♦ti.♦/ !'►♦mitt► ttt((t s.4.+•..itss /._, Liit*!i1 i'.'E• 4NI, • �A D APE P LA�o•�� E ERAL TE .X ... "•'•'•t•'•tt••+'•'t' .. ! ! ��`' 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF TIGARD PLANNING II— CD ___-- * 1 i ! Z CE ...„ ..,.........„ ! i 4° • METZGER PROPERTY DEPT. < Z '� I (-fro ° 4 7800 SW DURHAM ROAD 2. ALL PLANT BEDS SHALL HAVE A 3" DEPTH OF BARK MULCH. i i ( ! 3. LANDSCAPE AREAS SHALL HAVE A COMPLETE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM WITH FULL F i i1)►,►;►t.:,•..,,......+ ANTICIPATED LIMIT HEAD TO HEAD COVERAGE. 0... 'N•■■ ►st4 4.444.......•+•'•• OF DISTURBANCE DURHAM •I•.•.v.+.•.•.+t•.•.+,• 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION Z ELEMENTARY .t.4...t..... i':"•'-'.'.'-�-'`�'-' DEFINED BY AREA +' t:::•w•.❖.:o-•.+ OF PROPOSED STALLS 4 STANDARDS. < 0 SCHOOL z ! !,,„...,:.•t~ttt......�..+ 't'+•'''''•'•'``•'•'ttt'y j_J.J �' ! !t''''''''''=''•`''•.„, d 5, CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FOR ALL PLANT MATERIAL SUBSTITUTIONS FROM THE a. PROPERTY • ! ■ "l �` LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. PLANT SUBSTITUTIONS WITHOUT PRIOR WRITTEN W wa ! ! /►�'; ---- - 4 APPROVAL THAT DO NOT COMPLY WITH THE DRAWINGS AND SPECIFICATIONS MAY BE REJECTED BY THE Cr O ! : .+.,�;+,s�.�f#.�,,�,;,; XISTING EVERGREEN LANDSCAPE ARCHITECT AT NO COST TO THE OWNER.THESE ITEMS MAY BE REQUIRED TO BE REPLACED WITH Li re i !;►••'�o.+.•.�.�.4•,❖t TREE TO REMAIN(TYP):a ! }�,,��,�.+,�.�,�.�.���,*,�f (TY ) 4 PLANT MATERIALS THAT ARE IN COMPLIANCE WITH THE DRAWINGS. Q ! ►''4 4”'•t t.• PROTECT TREE DRIP LINE�` `r • •,+♦:c•❖;••••+❖•vi DURING CONSTRUCTION ° • // //// 0 Film 0 /1//////////// I A::::::::::*..♦• /ice///� ! Cre Lim .1,44•••••••••••••...., ACTIVITES / / 1• _•....••... PROPOSED FENCE j • '' d Z Usual i s 0i • I_ MIMI • • a 1.... F,,, 0 r+'►t�•w.:.••••t.•��**4.,--.....„...* I !{►t.�i.•..*•.,. RELOCATED ROCK PLANTER: - r►t•*ty'• .....AP...44 • 0'*:•,•*:•:•:•:�+:4 EXISTING DECIDUOUS 1 REPLACE ROCK WALL PLANTER AND ! • ' rr.,. UTILIZE EXISTING PLANTS TO THE • i'►'�t�'•'•'•'•••'•'•••'*. TREE TO REMAIN(TYP) .......,.,-...,Th„- ,,,, , - -7 /-7.1.-, iirP SOS errti*Iik 1'.•i ti•t+.•i❖i•i'i•i'.' GREATEST EXTENT POSSIBLE. • •,.••,,.+.+t,.•.,.,.41:: EXISTING LANDSCAPE IIIII r �' — .** 1 362 INFILL AS NECESSARY WITH LIKE 0 i Nr ``,•.: TO REMAIN(TYP) ` , `” ii -„` PLANTINGS TO PROVIDE COMPLETE • ! i NOTE: J °° SCREENING REQUIREMENTS ALL PLANT MATERIAL IN AREAS DENOTED BY HATCH AND ANY ;, 'i j • _AAA_ , ADDITIONAL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES `-""� • F y '' 'I i i 4.•.tt+.o•.4;.•.•r< SHALL BE TRANSPLANTED TO THE RELOCATED ROCK PLANTER F”„ ,..,,.......... �' ON ! ! >:: :::�+::' AREA WEST OF THE PROPOSED PARKING STALLS. '� .. ! r.t..t........ , /14/97• � '♦ it I :i?;;:i!jJi$$:!jf1 0 • -,.,?•,.►•• ' p EXPIRES 03/28/09 .../1 g 11)1( n an PROJECT NO. TSD870100 DATE: 11/14!2008 i 8 1*IP DESIGNED BY: PEG 1 '_ • SITE REFERENCE MAP NV DRAWN BY: PEG EXISTING EXISTING FENCE ► ,/ CHECKED BY: MPA SOCCER FIELD z !I' I p l!� 111111 Q IlilIjilull PLANTING PLAN 1 il X x 1 111111 1� II111II11I11 111111L. III a s 0 10 20 40 LINO x 1