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VAR2007-00003
• NOTICE OF TYPE II DECISION __ VARIANCE (VAR) 2007-00003 • '' HARRIS-MCVIONAGLE HEADQUARTERS - LANDSCAPE BUFFER VARIANCE T I GARDb 120 DAYS = 6/7/2007 SECTION I. APPLICATION SUMMARY FILE NAME: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE CASE NO.: Variance (VAR) VAR2007-00003 PROPOSAL: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004). This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet) and allow a solid fence instead of a wall. This variance request was required by the Hearings Officer in an interim final order for the appeal of SDR2006-00004. The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. APPLICANT: Harris-McMonagle Associates,Inc. OWNER: James R Harris & Attn:Bill McMonagle William McMonagle 12555 SW Hall Blvd. 12555 SW Hall Boulevard Tigard,OR 97223 Portland, OR 97223 APPLICANT'S REP: Miller Nash,LLP Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 972043699 LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district centered on the City's historic downtown, including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments), 18.390 (Decision-Making Procedures) and 18.745 (Landscaping and Screening). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 1 OF 4 SECTION III. EirKGRO1UND INFORMATION • Site and Vicinity Information: The site is located on Scoffins Street in the downtown Central Business District. The site is surrounded by a mix of commercial, civic and residential uses. A mental health service provider abuts the site's northwest boundary, a mobile home park abuts its southwest boundary, and multi-family housing abuts its southeast boundary. The site's northeast boundary is on Scoffins Street. Site History: Previously residential,the site was recently approved for a two-story, 7,500-square foot office building (SDR2006-00004 Harris-McMonagle Office Headquarters). A permit to demolish the existing single- family house was issued on May 12,2006 (BUP2006-00193). SECTION IV. APPLICATION SUMMARY The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004 Harris-McMonagle Office Headquarters). A condition of approval required the applicant to provide a 10 to 20-foot landscape buffer (per Table 18.745.2 of the code) where the site abuts residential property. According to the code standard,the smallest buffer width the applicant could provide is 10 feet with trees, shrubs and a 6-foot wall. This variance would reduce the required width of the landscape buffer to 5 feet and allow a solid fence instead of a wall. The applicant appealed the condition of approval and a hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance to allow the proposed buffer. In the interim final order, the Hearings Officer provided the applicant guidelines for justifying the variance. The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. SECTION V. ' COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No comments were received from property owners within 500 feet. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS: Section 18.370.010 states that 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; The proposed variance will not be materially detrimental to the purposes of the title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity because the applicant is not eliminating the buffer, but providing one that is more reasonable considering unique site characteristics. In addition, the impacts of the office use are minimal with the majority of activities taking place inside the building. Outside impacts are limited to vehicles maneuvering in the parking lot and the proposed 6-foot high solid fence will screen headlights from shining onto the adjacent properties. Also,the proposed office building will not be built up to the buffer- it will be 57.50 feet from the easterly boundary line and 52 feet from the southerly boundary line. Activities on the site will not generate enough noise to warrant a sound wall. Therefore, a solid fence and a reduced buffer width with enhanced plantings should be sufficient to mitigate the impacts of general office use and will still meet the intent of the code. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MOVIONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 2 OF 4 • IP 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; The site contains a grove of lamer doug fir trees (close to 20 caliper inches or greater) in its northeast corner, which the applicant proposes to retain in its natural state. The site's length and width ratio is relatively long at 2:5 to 1. Construction of a 10-foot wide D buffer on the southeast and southwest boundaries of the site would significantly alter the proposed site plan design. To keep the tree grove and provide the required buffer width, the applicant would have to eliminate over a thud of proposed parking spaces on the site. While it would still be possible for the applicant to meet its minimum parking requirement, the applicant would also be permitted to replace the eliminated spaces in the tree grove if the applicant chose. Approval of a variance to the buffer requirements would allow the applicant to retain this tree grove while providing the desired amount of parking. The presence of the existing tree grove combined with the narrow shape of the site are special circumstances, over which the applicant no control and which are not applicable to other properties in the CBD 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; A variance to the buffer requirements would not alter the use of the site. The applicantproposed to develop the site with a commercial office a permitted use in the CBD zone. The variance wilt not change the use, but merely reduce the extent of the required buffer on the southeast and southwest boundanes of the property. The proposed buffer on the southeast and southwest boundaries of the site provide for the site obscuring fence, light attenuation and landscaping. While the buffer would be reduced in width, the applicant proposes additional and enhanced vegetation to provide a denser buffer that meets the intent of the code. 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 A variance is necessary for the applicant to maintain the tree grove in the northeast corner of the site while providing the desired amount of parking. Therefore, approval of a variance will allow the development of the site with less impact to,the existing natural system than would occur if the D landscape buffer were required. The proposed variance does not adversely impact traffic,drainage or parks. e. The hards14 is not self-imposed and the variance requested is the minimum variance which would-alleviate the hardship. The hardship in this case is the long and narrow shape of the site and the location of the tree grove in the northeast corner. The location of the tree grove at the northeast corner of the site and the shape of the site are existing conditions for which the applicant is not responsible. Therefore the hardship is not self- imposed. -The variance requested is the minimum necessary to alleviate the hardship by providing the maximum buffer width feasible while retaining the existing grove of trees and desired amount of parking. FINDING: Based on the analysis above,the Variance criteria have been met. SECTION VII. OTHER STAFF COMMENTS The City of Building Division has reviewed the proposal and has no objections. The City of Tigard Engineering Department was provided the opportunity to comment, but did not comment. SECTION VIII. AGENCY COMMENTS Non-city agencies were not notified of the variance request. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 3 OF 4 SECTION IX. POCEDURE AND APPEAL INFIMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 12,2007 AND BECOMES EFFECTIVE ON MARCH 27,2007 UNLESS AN APPEAL IS FILED. eal The cision 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.G.2. Of the Tigard Community Development Code 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 in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the spec rc issues identified in the written comments submitted by, the parties during the comment period. Additional evidence concerning issues properly raised in 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 bythe appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 26,2007. estions: If you ve any questions, lease contact Emily Eng or the Planning Division at (503) 718-2712 or stop by Tigard Gty Hall, 13125 S W Hall Blvd,Tigard,OR 97223. I, March 12,2007 • 13:..P. I 9i y Eng DATE sistant Planner i&t t ao March 12,2007 REVIEWED BY: Richard P OPelrwersdorff DATE Planning Manager c: SDR2006-00004 NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MOvIONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 4 OF 4 l I JD �/ i1/ 99 J m J ' CITY of TIGARD VICINITMY MAP / *,1:* . */* VARR2 -00003 , � o HARRIS MCMONAGLE ' , , HEADQQUARTERS c , 00 LANDSCAPE BUFFER .� , GARDEN PL VARIANCE s �G�,c LEGEND: 5� . �' -j. SUBJECT 1.1 - �= SITE soG .(1 4A IIIIII04 ♦ W4••O 'y FEai�� ,it. . -974 _,. BEFBEND RD.. . L. NO II. i ,� ' 111 Tigard Area Map Pird 4, 44 * '3 y �> s •N ,y % s>, 0 80 180 240 320 400 Feet 4, 1" 313 feet II 5 r TIGARD Information on this map is for general location only and ,�/ should be verified with the Development Services Division. •� 7O 13125 SW Hall Blvd Tigard,OR 97223 (503)839-4171 httpi/www.ci.tigard.or.us 'Community Development Plot date:Feb 14,2007;C:\magic\MAGIC03.APR • • FINAL APPROVAL . • CITY OF TIG� PLLA.+IIVOMQ DIVISION B�' DATE U 7 • ,AMMAIM • A110 IRRIGATION SYNTSM OW% 4_MATON MOM. - 1. LANDSCAPE wlEMU3 sNAU BE INSTALLED a WANr[R N.M.IIOIIETAY NNwrm. IRPLOAIIO n[e.DO,4T I I NNm5N SYC17M.MIMR; • 2 IRRIGATION NAM MIMBNDN SHALL BE MOO 1011!WA[ON[/AND M 6NONN N MIS PUN. A NON M/VAKS I. MULL I•PVC MOW TO NCO r..NNMO LOT MOIL 3. I•GII SHAW N000 TO SOUK OW.NO NEST 4.40,5 1NE4 NOLL INK A MN[CT-004 P MY ILO. Dr{0.W T -.• _ �r PA..Lm UN/ E. 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N.NA ITE IRRIGATION NOTES a D LTuN r 'Non • SHRUBS .q� I 0M SVMY I V orb M � N.n• Na a = m m MICA tul MA1 Al SNgAMN SLIMILY Vt CONNLIW - + / ww•NW • NAA 10 • N tAVIVIRI ®'n ■K -.M R w-I..sutl.NE�Na NM RAMS NAME LM' I 517E AREA.4 24,072 9.F. EE li��w.- • A K• TRIES.N. .u=si°N IRRIGATION PPLY DETAIL' AREA. O N w II T.L) PERWEII:R.5,/02 Sr.. "IS-I -O 44..4. m. NAB Y-I. �e!� PLAN RLMN I[. N..r.NN. • TOTAL LANDSCAPE AREA-5,575 5 F. • CROSS SECTION A-A•0 M MA Ma WIWI Iµ w MA.N M. . .23.50 OF SITE •.• °I='N:.1° y, '•••• ••• I-Vr rve vro.Moon �. • ,�ii [� MONK NN.CONTROL A F K D ---- o ,•I .w° •—wrPL ISM IN NaaD W,quIT ` I �L�°.Q1.'.wwwwwwww n • s MOON roa r�,. [.z u� T� ► ,la"�1-In'9 �� �� LII Mc°- :AMR im• 11 • CY �::1 r i t 1 V4LtlA3110.• I. I • l i A4---------wawa aAgATgx PROPOSED ('ME 0, ttE OI I w • EDNmW a N/MrA + •I WAIL MR°°°" BUILDING M E.S.MG • gR1 . ')PLq g el „ . ; , ;NANDE. 4.4:10:'lit' .R N�I'�I■;, z • TIC,_ �� • ._. _ ..., ,,.. 4.. •,:d• MEN II '--1... :13,--- � lyy • ' •II U z44°0 I= III CO • III z 1 i S.ION Ara ®!ee E :ID �� II i g.I 245 3/.•^< •t'L MM D ENgYT `IH•PVC I I F 7o x545 1.'•• 1 • c/ ONM""MMZyO N.D.nTU YN _ MI C0.NMgN • a? I ow rR .Na MINE t x437 • !1 ___ aiiiT r -�f•. ■_--1.- L'a.r•ti::•�t;;t A `7::::-11.11, I /. 1 13aS Newt . ..__ _ �7A7A.'Labia^1 °,tt 1■ CIF?f? � c•„i..-�a. nxcE • AST HALL ...DIY ---. �.. �•—. .�,. O^—•_ - - - _ Y • I I'PVC M 3)I ' `FENCt,aDarTau LM, I4y I • r OWN 1M I 8 I IBra \\ • I I . ..� ""`"O C`f00AY”°N AND MGM NE SCOFFINS ST. PROPERTY LLC HMC OFFICE SITE -ID sw sco�NS sr. A.M.N. .ND • I Acsasua0.11114.9 YAM.1/I aY �� wawa p0 N.LY.. HARRIS-MoMONAOLE ASSOCIATES,INC. IMPROVEMENT PLANS am 7 , arm No acs Dom Nyno •RUG 10 100540 FOR UWI31 01.VISI0N Ma e/1�3/a RPM DDOA ui=3w 41 Al'�LldilNO PLAN a 7—•• • • • • NOTICE.OF TYPE II DECISION . VARIANCE (VAR).2007-00003. HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE TIGARD 120 DAYS = 6/7/2007 SECTION I. APPLICATION SUMMARY FILE NAME: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE CASE NO.: Variance (VAR) VAR2007-00003 PROPOSAL: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004). This variance would reduce the required width of the landscape buffer to 5 feet(from a range.of 10 to 20 feet) and allow a solid fence instead of a wall. Mis variance request was required by the Hearin s Officer in an interim final order for the appeal of SDR2006-00004.The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. APPLICANT: Harris-McMonagle Associates,Inc. OWNER: James R Harris & Attn:Bill McMonagle William McMonagle 12555 SW Hall Blvd. 12555 SW Hall Boulevard Tigard,OR 97223 . Portland,OR 97223 APPLICANT'S REP: Miller Nash,LLP Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to .provide a concentrated central business districts centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments), 18.390 (Decision-Making Procedures) and 18.745 (Landscaping and Screening). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The fmdings and conclusions on which the decision is based are noted in the full decision, available at City Hall. . . THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twentyfive cents (25 ) per page,or the current rate charged for copies at the time of the request. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: _ - _ — ______ L THIS DECISIONIS FINAL.ON MARCH 12,2007 AND BECOMES EFFECTIVE ON MARCH 27, 2007 UNLESS AN APPEAL IS FILED: Appeal: 'Ile 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 pp_rovided.in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G2. Of the Tigard Community Development Code which provides that a written ap eal 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 in the Planning Division of Tigard City Hall, 13125 SW Hall,Boulevard,Tigard,OR 97223. 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 the Notice of Appeal may be submitted by any p,arty during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate-body. DTHE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 26,2007. estions: If you any questions,please contact Emily Eng or the Planning Division at (503) 639-4171 or stop by Tigard City Hall, 13125 SW Hall Blvd,Tigard,OR 97223. • v< • ,. � a� "� VICINITY). MAP ,, v�� ` VAR:n07-001.103 45 51.51W1 FLiRW�S-A[C[�k)N.1GLE VARIANCES BO FPER � � PL V.�RIANCE. *Atip*:, I M LEGENDS 5 � ■ '.� _ SUBJECT ■ , — SPPE , ''),..* �, . ..� ` O --- 11 oI,g1 ,_-_,:,____. ;4-, _'SiV% , , , 1 fi 9r N�+ J s .' .....,. Henn.,,, ....... ' n ryGrnbpnml ad dn.Fob 11.700.ClowskIMAGI023M7R / IV � I 1/ /44 e ";//44) //,„ se / e e /,,....0 / , • ,o, ■ s's ,... z <29,7 4e# / / /. 'Y. /..."9,,i.sr • /`,444 ile " s ::.Y v ,),„,// 4,.. .,,.,, .,, rill>4 SI2,,,,,. ,,..4.. \‘‘ ,,, „ / ,...0.,„ / ,r /-1 ■■ ° ea saj, • • ..itf, ie A-, -A,./ ,/ y N ,',f/e0P.":/ Ay ,01111114 '4.'. 4, st -'41/* •', , 44( 4" #'W. 11P. / •■ ''', ,v % /..0 7 % ‘-' v•P i' r • \ ,/' ,, 4, r :' 4 r / \/ I�� / 4V NOTICE TO MORTGAGEE,LIENHOLO,VENDOR OR SELLER: • THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION " VARIANCE r r TIe; DATE OF NOTICE: February 14,2007 FILE NUMBER: VARIANCE (VAR) 2007-00003 FILE TITLE: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE REQUEST: The applicant requests a variance to the buffer standards in Table 18.7452 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet(from a range of 10 to 20 feet). A condition of approval for the land use decision SDR2006-00004 Harris-McMonagle Office Headquarters required the applicant to provide a 10 to 20-foot landscape buffer where the site abuts residential property. The applicant appealed the condition of approval and a Hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006-00004 is final on the date that the City's decision for the requested variance becomes final. LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-famil y attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: CommunityDevelopment Code Chapters 18.370, 18.390 and 18.745. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 28,2007. All comments should be directed to Emily Eng,Assistant Planner(x2712) in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or bye-mail to Emily@tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 14,2007. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'1-1'EN COMMENTS WILL BEIRIE A PART OF THE PERMANENT P.IC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled"Your Right to Provide Written Comments." ∎ �• v<6\V VICINITY MAP •,,■ 4.∎ vaR ar-oouo5,, ,� ......01 I-LiRRIS 7,-:ONAGLE � ,, HE.iDgL�.iRTERS 4 ,' ■ e pt. MIDD ..APE BUFFER �.' . I � CML�Nr-E .e % �9 LEGEND •9t e ■J - SUBJECT ■�- _ SITE . -;, . . , .\14,,, T---> • . 4* ,-. a 4.. ::,!_,-,:;,-4„:„-_,,u,„ 11 ,,,,,4■Fss I' MO b.- * ...,...: —),,c,t., lk. . # .. .,..„ ..=....:::...,..,_,;.„ \ Hot Ws Feb 41;03.7CM;744G1 Cal ANt 1 \6> lkF 7 ;Its' .. • • EST Fo� C .OMM&Jt S 4 • • REQUEST FOR COMME4 STS DATE: February 14,2007 FEB 1. 5 2007 TO: Brian Blalock,Building Official cn" ,-;= i;GA€4D PI_ANNINGIEN a,I1 EERIN FROM City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@tigard-or.gov VARIANCE (VAR) 2007-00003 > HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE< REQUEST: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet).the condition of approval for the land use decision SDR2006-00004 1 Tarns McMonagle Office Headquarters required t e applicant to provide a 10 to 20-foot landscape buffer where the site abuts residential property The applicant appealed the condition of approval and a Hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006-00004 is final on the date that the City's decision for the requested-variance becomes final. LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA, Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses,including but not limited to adult entertainment, utilities, facilities with drive-up indows, mecal centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.745. 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 28, 2007. 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. I} 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: — OP(/rJber Person ne—��GL-- Li-LI- 8 J CITY of TIGARD L i OEOORAPHIC INFORMATION SYSTEM Goa VICINITY MAP *11111111111111111 VAR2007-00003 '♦ HARRIS-MCMONAGLE Q� - 2-11111 HARRIS MCMONAGLE **:* , HEADQUARTERS LANDSCAPE BUFFER , IGI PL VARIANCE 1CO3<> LEGEND: #6b&i. s _ 144 -= SUBJECT ECT = r _ SITE V ♦ %� FERRO Li.� � / t• ` I � 8 t — ■ 4 ri 4 4 # --;*4, W laiglh , At _o Dv' RP BE F BEND ,J ' '7 Tigard Area Mop* * <9(/"P/1/15' *Ni:C)�I JO ���i�FR • s� �� S� N 9,� . 0 80 160 240 320 400 Feet 0 v P�' ` 1"=313 feet N o 0 �� „ TIGARD ;: ` ��l A Information on this map is for general location only and should be verified with the Development Services Division. ,• 16 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://vmw.ci.tigard.or.us Community Development Plot date:Feb 14,2007;C:\rnagicWIAGIC03.APR Ill tai • • "ga '� ° REQUEST FOR COMMENTS DATE: February 14,2007 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@tigard-or.gov VARIANCE (VAR) 2007-00003 ➢ HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE Q REQUEST: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet). A condition of approval for the land use decision SDR2006-00004 Z Iarris-McMonagle Office Headquarters required the applicant to provide a 10 to 20-foot landscape buffer where the site abuts residential property.. The applicant appealed the condition of approval and a Hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006-0004 is final on the date that the City's decision for the requested vanance becomes final. LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA, Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up indows, mecal centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.745. 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 28, 2007. 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. IT you have any Planning questions,contact the Tigard Plang 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: • TY OF TIGARD REQUEST FO COMMENTS NOTIFICAW LIST FOR LAND USE & COMMUNITY DEVELOPMENT,APPLICATIONS Lamed s� FILE NOS.: V m7- %'vc)c.3 FILE NAME: ti-V`-'1- - ^i.0 L" v6�c.-.-.C.-Q CITIZEN INVOLVEMENT TEAMS UU�U 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central rigEast ❑South ['West CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. 'OLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Mark(residential)Brian(commercial) ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer —.L.PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION(+11 sets) ✓PLANNER—POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEANWATER SERVICES* Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS 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. _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/Z0A) Larry French(Comp.Plan Amendments Only) 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(PowedinesinArea) _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 _Steve Conway(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ 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(vacations) _Sr.Cartographer(CPA/2CA)MS 14 1900 SW 41t Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(Wm MS 14 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)-911"(MonopeMTowers) Sam Hunaidi,Assistant District Manager (Notify if ODOT R/R-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 R/R,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(son Map torArea Conraq) (If Project is Within Yr 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 (MC«tosaa) _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kehler, Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev (See Map for Areaconma) Diana Carpenter(Apps Eat Hall/Nag 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: 8-Nov-06) PLA NH) NG- • • [ N AFFIDAVIT OF MAILING = 1lc'AI3D I, Patricia L. Lunsford being. first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigar ,Washington County,Oregon and that I served the following: IOk APP,Pm.BeO , © NOTICE OF DECISION FOR VAR2007-00003/HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE (File NoiName Refeence) ❑ AMENDED NOTICE ® City of Tigard Planning Director 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 March 12,2007,and deposited in the United States Mail on March 12,2007,postage prepaid. A /oz di- (/* 1 (Person that Prep.• d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 7 day of --714 ,2007. f OFFICIAL SEAL 1 O 2:1i .;>_ DIANE M JELDERKS `) ? t"'� COMM SSION NO.373021 MY COMMISSION EXPIRES SEPT.25,2007 ,/(1,ktDA NOTARY PUBLI OREGON My Commission Expires: y(S/0' EXHIBIT A NOTICE OF TYPE II DECISION VARIANCE (VAR) 2007-00003 HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE �[110a ° 120 DAYS = 6/7/2007 SECTION I. APPLICATION SUMMARY FILE NAME: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE CASE NO.: Variance (VAR) VAR2007-00003 PROPOSAL: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004). This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet) and allow a solid fence instead of a wall. This variance request was required by the Hearings Officer in an interim final order for the appeal of SDR2006-00004. The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. APPLICANT: Harris-McMonagle Associates,Inc. OWNER: James R Harris & Attn:Bill McMonagle William McMonagle 12555 SW Hall Blvd. 12555 SW Hall Boulevard Tigard,OR 97223 Portland, OR 97223 APPLICANT'S REP: Miller Nash,LLP Ann:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments), 18.390 (Decision-Making Procedures) and 18.745 (Landscaping and Screening). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 1 OF 4 SECTION III. BAC ROUND INFORMATION S Site and Vicinity Information: The site is located on Scoffins Street in the downtown Central Business District. The site is surrounded by a mix of commercial, civic and residential uses. A mental health service provider abuts the site's northwest boundary, a mobile home park abuts its southwest boundary, and multi-family housing abuts its southeast boundary. The site's northeast boundary is on Scoffins Street. Site History: Previously residential,the site was recently approved for a two-story, 7,500-square foot office building (SDR2006-00004 Harris-McMonagle Office Headquarters). A permit to demolish the existing single- family house was issued on May 12,2006 (BUP2006-00193). SECTION IV. APPLICATION SUMMARY The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004 Harris-McMonagle Office Headquarters). A condition of approval required the applicant to provide a 10 to 20-foot landscape buffer (per Table 18.745.2 of the code) where the site abuts residential property. According to the code standard,the smallest buffer width the applicant could provide is 10 feet with trees, shrubs and a 6-foot wall. This variance would reduce the required width of the landscape buffer to 5 feet and allow a solid fence instead of a wall. The applicant appealed the condition of approval and a hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance to allow the proposed buffer. In the interim final order, the Hearings Officer provided the applicant guidelines for justifying the variance. The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. SECTION V. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No comments were received from property owners within 500 feet. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS: Section 18.370.010 states that 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; The proposed variance will not be materially detrimental to the purposes of the title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity because the applicant is not eliminating the buffer, but providing one that is more reasonable considering unique site characteristics. In addition, the impacts of the office use are minimal with the majority of activities taking place inside the building. Outside impacts are limited to vehicles maneuvering in the parking lot and the proposed 6-foot high solid fence will screen headlights from shining onto the adjacent properties. Also,the proposed office building will not be built up to the buffer- it will be 57.50 feet from the easterly boundary line and 52 feet from the southerly boundary line. Activities on the site will not generate enough noise to warrant a sound wall. Therefore, a solid fence and a reduced buffer width with enhanced plantings should be sufficient to mitigate the impacts of general office use and will still meet the intent of the code. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MQ 4ONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 2 OF 4 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; The site contains a grove of lamer doug fir trees (close to 20 caliper inches or greater) in its northeast corner, which the applicant proposes to retain in its natural state. The site's length and width ratio is relatively long at 2:5 to 1. Construction of a 10-foot wide D buffer on the southeast and southwest boundaries of the site would significantly alter the proposed site plan design. To keep the tree grove and provide the required buffer width, the applicant would have to eliminate over a third of proposed parking spaces on the site. While it would still be possible for the applicant to meet its minimum parking requirement, the applicant would also be permitted to replace the eliminated spaces in the tree grove if the applicant chose. Approval of a variance to the buffer requirements would allow the applicant to retain this tree grove while providmg the desired amount of parking. The presence of the existing tree grove combined with the narrow shape of the site are special circumstances, over which the applicant lias no control and which are not applicable to other properties in the CBD 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; A variance to the buffer requirements would not alter the use of the site. The applicanttproposed to develop the site with a commercial office a permitted use in the CBD zone. The variance will-not change the use, but merely reduce the extent of the required buffer on the southeast and southwest boundaries of the property. The proposed buffer on the southeast and southwest boundaries of the site provide for the site obscuring fence, light attenuation and landscaping. While the buffer would be reduced in width, the applicant proposes additional and enhanced vegetation to provide a denser buffer that meets the intent of the code. 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 A variance is necessary for the applicant to maintain the tree grove in the northeast corner of the site while providing the desired amount of parking. Therefore, approval of a variance will allow the development of the site with less impact to the existing natural system than would occur if the D landscape buffer were required. The proposed variance does not adversely impact traffic,drainage or parks. e. The hardship is not self-imposed and the variance requested is the minimum variance which would-alleviate the hardship. The hardship in this case is the long and narrow shape of the site and the location of the tree grove in the northeast corner. The location of the tree grove at the northeast corner of the site and the shape of the site are existing _conditions for which the applicant is not responsible. Therefore the hardship is not self- imposed. The variance requested is the minimum necessary to alleviate the hardship by providing the maximum buffer width feasible while retaining the existing grove of trees and desired amount of parking. FINDING: Based on the analysis above,the Variance criteria have been met. SECTION VII. OTHER STAFF COMMENTS The City of Building Division has reviewed the proposal and has no objections. The City of Tigard Engineering Department was provided the opportunity to comment, but did not comment. SECTION VIII. AGENCY COMMENTS Non-city agencies were not notified of the variance request. NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MQvIONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 3 OF 4 • • • SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MARCH 12,2007 AND BECOMES EFFECTIVE ON MARCH 27,2007 UNLESS AN APPEAL IS FILED. eal The ecision 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.G.2. Of the Tigard Community Development Codepwhich 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 in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223. 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 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. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 26,2007. estions: If you ve anyy questions, please contact Emily Eng or the Planning Division at (503) 718-2712 or stop by Tigard City Hall, 13125 SWHall Blvd,Tigard,OR 97223. 41011P - March 12,2007 ' P:.'. G y Eng DATE • sistant Planner - Gco & March 12,2007 REVIEWED BY: Richard . ewersdorff DATE Planning Manager c: SDR2006-00004 NOTICE OF TYPE II DECISION VAR2007-00003 HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE PAGE 4 OF 4 l I J L W -�/ IJJV . m 9 CITY of TIGARD • GEOGRAPHIC INFORMATION SYSTEM G���� VICINITY MAP VI,' VAR2007-00003 4,J Q' -, lei HARRIS-MCMONAGLE HEAD UARTERS c m LANDSCAPE BUFFER 44 •' ARDEN PL G VARIANCE 44g LEGEND: 'M 5 � SUBJECT _- SITE kS A 1 ON, O 1111*044 RS FEHH' 1 ♦ \ .4'' Q �� FEj 4P • �: 1 v Q, BONITA 5 # # 4* - •. i 4 % ______.4, -_i BE F BEND RI,-0-i-. DURHAM Rs a # NI * # ioi, • 0 Tigard Area Map 9 . ��2i�<9(/ 2C- FR • ,A � �\J� S1 N /;5;<\_ 6>, N \/ 0 0 80 160 240 320 400 Feet 1"=313 feet .111 al 5 • Nt TIGARD Information on this map is for general location only and •. 0.:(1) .c1 should be verified with the Development Services Division. 7O 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://www.ci.tigard.or.us Community Development Plot date: Feb 14,2007;C:\magic\MAGIC03.APR GITV LoF TIGARD PLA. 4\IING DIVISION) BLS. - �a _._:�ttTE / U? IA4rKr■ww4a AND IRRIGATION SYCrON VDT., -STATION 4 I. LANDSCAPE UMTE.AS SHALL BE MIMEO 10 0.11170 NURSERY M TN ST4pMDS. x RN'JllDx WATER DKTRIRURON SNNl BE ZONED FOR FOUR TONER NO AB SRO.M 1108 PIP. MORTON R°1OIEI°W/°yµSS �( .•2602 Tor oar I. INSTALL To NEw MOM GAT LENTS. ? [AEU 0 SMIR0 000 ALONG M SOUOI,EAST.AND MST SOUNOMr UNES SWLL NAVE A OPECr•DPP SYSTEM ORLO TAW SLIYLT•Lrw rNIMC.- ]. ICMS 10 0<10'14ER POaI MIM wMR ROUND MIKMeOLLU[GLOBE MOM, ♦. 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SITE AREA.24,872 SF. ,. « RRU�m+r•a w a RMRIN a LANDSCAPE AREA: TREES M Mm IRRIGATION PPIY DETAIL PEI0LIEIER-5,402 S F 541.4 r.lD•• 0• xuw.Nnw. .. .M...r•+N- xl ',S) ISLANDS 4(7 SF. lo_e1-i•v eT 001 a.IwMMN Iw �y TOTAL LANDSCAPE AREA a 5.072 S.F. V1 II AM•ACER»I 11 • I M -AO.I-I/r sq. .37.51E OF SITE CROSS SECTION A-A �• I« .«.,1•«�. I rl II «1 Mv.'.'uI MM R•M'U 1-I/S•PC EVIL 1411.5 GTO NrD°p I D N �1SM EYID•NEDC. [IECMIC RR CONTROLIq _ _ _—_ O • NC SUPPLY LM M 1•MRKD COxOLRi v v _ MM OA I II ••."��Sf►aMl�l►`wl►;�-'�� �� Iv OcvvcccvOn=cvn[ca vv' vcccvcvvv_cvavavnsavvvanv v,w- II • Ir.: -:. - .�-•� _VN 1-In•hC • I r TYCO�� v II 1 • it.uu[,f: r - - - -- —- `" el'�'� f�wl�� ' �� -(LM S) I Nn.,TIER'III" D ELECTRIC MOM.canROUw lii:I�i It1/ SUPPLY LICE M CONDUIT • : 0151.00 it 0 ELECTRICAL MM/cLR. PROPOSED < i j u oET"Ls urn I W ILOCATE INSME DDd It 1111 . 1-yr PVC �. M OM MEA BUILDING ■I +O % I— . 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IMPROVEMENT PLANS 7 RM REFER TO 1220000 FOR LATEST RENa°a MR end Eta N „�, ! r• LMIDOCgp� 7p►{ AND �p PLAN 7 II - • • EXHIBI� James R Harris &William McMonagle VAR2007-00003 12555 SW Hall Boulevard HARRIS-MCMONAGLE HEADQUARTERS Portland,OR 97223 LANDSCAPE BUFFER VARIANCE Miller Nash,LLP Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 Harris-McMonagle Associates,Inc. Ann:Bill McMonagle 12555 SW Hall Blvd. Tigard, OR 97223 • • AFFIDAVIT OF.MAILING • `ir l U RD • I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: © NOTICE OF DECISION FOR VAR2007-00003/HARRIS-MCIVIONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE (File No./Name Reference) - AMENDED NOTICE City of Tigard Planning Director 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 March 12,2007,and deposited in the United States Mail on March 12,2007,postage prepaid. APP (Person that,P -.ared Notice) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ilk day of ,2007. r`w� OFFICIAL S DIANE M JELDERKS ) t0 / NOTARY PUBLIC-OREGON 11 / 1( COMMISSION NO.373021 ( .I'AA - . '. MY COMMISSION EXPIRES SEPT.25,2007 l) 'ó ARY PUBLI�i O' ON My Commission Expires: • EXHIBITA NOTICE OF TYPE II DECISION VARIANCE (VAR).2007-00003 HARRIS-MCMONAGLE HEADQUARTERS �-- LANDSCAPE BUFFER VARIANCE UR c'� ° 120 DAYS = 6/7/2007 SECTION I. APPLICATION SUMMARY FILE NAME: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE CASE NO.: Variance (VAR) VAR2007-00003 PROPOSAL: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site (SDR2006-00004). This variance would reduce the required width of the landscappe_buffer to 5 feet (from a range of 10 to 20 feet) and allow a solid fence instead of a wall. ,Thus variance request was required by the Hearin s Officer in an interim final order for the appeal of SDR2006-00004.The final order for SDR2006-00004 will be issued on the date that the City's decision for this variance becomes final. APPLICANT: Harris-McMonagle Associates,Inc. OWNER James R Harris & Attn:Bill McMonagle William McMonagle 12555 SW Hall Blvd. 12555 SW Hall Boulevard Tigard,OR 97223 Portland,OR 97223 APPLICANT'S REP: Miller Nash,LLP Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to .provide a concentrated central business district? centered on the City' s historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments), 18.390 (Decision-Making Procedures) and 18.745 (Landscaping and Screening). SECTION II. DECISION Notice is hereby iven that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision,available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. 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. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies . II . Final Decision: THIS DECISION IS FINAL.ON MARCH 12, 2007 AND BECOMES EFFECTIVE ON MARCH 27, 2007 UNLESS AN APPEAL IS FILED: & eal: . . 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.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 appeal fee schedule and forms are available in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223. 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 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. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 26, 2007. estion�s: II you u have any questions,please contact Emily Eng or the Planning Division at (503) 639-4171 or stop by Tigard City Hall, 13125 SW Hall Blvd,Tigard,OR 97223. . iikik , ii,nil.nop IN ---441.1.1r■ ,' I,•`I ,' VICINITY MAP I' '<'.. W---•o= HARRI;-T[CMONAG.LE , HTEID ,r.{RTEtt ;.... . .'11111111 L{NDST.{PE P�1.�FFER GnHD N PL C.{RL{i�ICE m� . LEGEND: .S� : 101 al -_ SUBJECT' SITE N S ` ♦ , ■ qI r I:o: 4:__ . .Z F k t ,,,„ 0 Sr .T . . .. . .. .... ;.. „,:ki, nq• ....l a.. mepc A♦� A • 9 r •/ N I/ ./ I f ,.../ a � -e � 1 ';alt f -/ �,� // � / z .4 : \ # , , o ,; ,/ ta 24/9"/ 91/ op - /7, • / ,PI" <,„.:/ Z or 4' • * =w7 ,),e / ,:....... -.. . ,...,,,, , , 4.... . • .44. / ',,•//;„/4 .47, . ‘. _._,, � � e ea 46�:I L .- 4 ,tit//' •; O.% /•_. ', / ' / j/ \ j; . EXHIBIM 2s1ozAD-oosoo 2S 1ec-ol000 • 8775 SW COMMERCIAL LLC CLIC N OBERT R&PATRICIA A BY BOOKOUT JOHN R/FANNY P 8485 NZIKER 10459 NW LOST PARK DR T ARD,OR 97223 PORTLAND,OR 97229 2S102AA-03100 .2S102AA-03200 AMERICAN LEGION THE .CRAGHEAD GARY A JUDY A TIGARD POST#158 12205 SW HA LL BV PO BOX 23482 TIGARD,OR 97223 TIGARD,OR 97281 2S102AA-03801 2S102AA-03902 " ASHER BRIAN W AND SUSAN P DAVIDSON WILLIAM G&DIXIE L 15795 SW SERENA CT 8915 SW COMMERCIAL ST . TIGARD,OR 97224 TIGARD,OR 97223 . 2S102AA-04700 2S102AA-03900 BALLROOM LLC& DAVIDSON WILLIAM G AND DIXIE L PAGE KATHLEEN E 8915 SW COMMERCIAL 7122 SE MILWAUKIE AVE TIGARD,OR 97223 PORTLAND,OR 97202 2S102AA-00906 2S102AD-01200 BSM REALTY LLC DIBB THERESA R REV LIV TRUST 3176 AMERICAN SADLER DR BY DIBB THERESA R TR PARK CITY,UT 84060 8848 SW COMMERCIAL ST TIGARD,OR 97223 2S102AA-02300 2S102AA-02501 BURTON WILLIAM H ET AL FREY HILDE C Go FLETCHCO PROPERTIES LLC 21.745 SW HEDGES DR BY JEFFREY B FLETCHER TUALATIN,OR 97062 2065 FAIR OAKS CT SHERWOOD,OR 97140 2S102AA-04201 2S102AA-03903 BUTTERFIELD CHARLES W JR& GOLDEN TROUT LLC MICHELLE S BY RANDALL KAUFMANN 825 SW VIEWCREST DR PO BOX 357 DUNDEE,OR 97115 MOOSE,WY 83012 2S102AA-03802 2S102AA-03000 CARLOS STEVE HARRIS JAMES R& 12435 SW ASH AVE MCMONAGLE WILLIAM TIGARD,OR 97223 12555 SW HALL BLVD PORTLAND,OR 97223 2S101BC-00800 .. 2S102AA-02400 CLICKENER ROBERT R&PATRICIA A HOYT CORPORATION 8485 SW HUNZIKER BY US BANK PROPERTIES TIGARD,OR 97223 2800 EAST LAKE ST. MINNEAPOLIS, MN 55406 018C-0090o 2S102AA-02301 CLIC' - ' -OBERT R&PATRICIA A HOYT CORPORATION 8485 •f ZIKER BY U S BANK ARD,OR 23 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 • 2S102AA-04100 • 2S102AD-00800 • INTEGRITY INVESTMENTS INC PRUNTY CRAIG E&CARRIE 2229 NE BURNSIDE SUITE 86 8575 SW SORRENTO GRESHAM,OR 97030 BEAVERTON,OR 97005 2S102AA-00904. 2S102AD-00600 JASUE TRUST THE& PRUNTY CRAIG E&CARRIE A JEFFREY NATHAN TRUST THE 8575 SW SORRENTO RD BY ALBERTSON'S#65 BEAVERTON,OR 97008 PO BOX 20 BOISE, ID 83726 2S102AA-00500 2S102AA-03301 LEARY DAVID LYLE& REMEDIOS DAVID&MARIA& LEARY KATHLEEN JOAN TAYLOR HANS&JULIE& 10020 SW JOHNSON ST DITTO BRAD/SUSAN&ESMAILI ASG TIGARD, OR 97223 265 N BROOKSHIRE AVE VENTURA,CA 93003 2S102AA-02800 2S102AA-02600 LIFEWORKS NW INC SCOFFINS STREET INVESTMENT COMPA 14600 NW CORNELL RD 8810 SW SCOFFINS ST PORTLAND,OR 97229 TIGARD,OR 97223 2S102AD-01203 2S102AA-03500 MAGNO LLC SICKLES DANIEL BY MAGNO-HUMPHRIES INC 10432 SW 52ND AVE PO BOX 230626 PORTLAND,OR 97219 TIGARD,OR 97281 2S102AA-00603 2S102AA-03300 MAZZOCCO DAVID E SKOURTES MARIANELLY 975 SE SANDY BLVD STE 101 PO BOX 2327 PORTLAND,OR 97214 CLACKAMAS,OR 97015 2S102AA-03800 2S102AD-00201 PADDACK FAMILY TRUST SNYDER GAIL V BY PADDACK A LUELLA TR 10250 SW HIGHLAND DR 11025 SW SUMMER LAKE DR TIGARD,OR 97224 TIGARD,OR 97223 2S102AA-00901 2S102AD-00202 PAYLESS DRUG STORES NW INC SNYDER OWEN R&GAIL V NEW ALBERTSON'S INC 10250 SW HIGHLAND DR DEPT 70428-CORPORATE TAX TIGARD,OR 97224 PO BOX 20 BOISE, ID 83726 2S102AA-03901 2S102AD-0020 PENNY CONNOR INVESTMENTS LLC SN — . EN R&GAIL V 8905 SW COMMERCIAL#A 102 s IGHLAND DR TIGARD,OR 97223 T ARD,OR 24 2S102AD-01100 2S101 BC-00700 PORTLAND AERIE NO 4 FRATERNAL SUMMERS JOSEPH R ORDER OF EAGLES BEVERLEY C 8845 SW COMMERCIAL ST 13870 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 • 2S102AD-00401 • • THOMPSON J RONALD&CECILIA 1847 N 150E CENTERVILLE, UT 84014 2S102AD-03351 THOMPSON LIVING TRUST BY J RONALD/CECILIA I THOMPSON TRS 1847 N 150E CENTERVILLE, UT 84014 2S 2AD-03350 THO ON LI G TRUST BY J RO /CECILIA I THOMPSON TRS 1847 150E NTERVILLE,UT 84014 2S102AA-03701 TIGARD MANOR HOLDINGS LLC BY ALLIANCE PROPERTIES 4280 SW 109TH AVE BEAVERTON,OR 97007 2S102AA-03400 TIGARD TOWNHOMES INC BY MERRILL&CHARLOTTE HODGES PO BOX 2907 POULSBO,WA 98370 2S102AA-04800 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OR 4012 SE 17TH AVE PORTLAND,OR 97202 2S102AA-04801 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS STOP 1640 OMAHA, NE 68179 2S102AA-04000 UNITED STATES POSTAL SERVIC 11272 SW CAPITOL HWY PORTLAND,OR 97219 2S102AA-02500 UNITED STATES POSTAL SERVIC 12225 SW MAIN TIGARD,OR 97223 2S102A0-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M 0 Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 12-Dec-06 1 Y • • 11.! AFFIDAVIT OF MAILING = . UlleARD I,Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and say that.I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: (axkAPPmpriare Box(s)Bebw) © NOTICE OF PENDING LAND USE DECISION FOR VAR2007-00003/HARRIS-MCN4ONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE ❑ • AMENDED NOTICE (File NolName Reference) ® City of Tigard Planning Director 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 February 14,2007,and deposited in the United States Mail on February 14,2007,postage prepaid. IF 44 ,4.y... ..--;:2 .11 / ,.../d..e.J4 WP (Person t rep. oar i STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the —7 day of ,2007. •_ OFFICIAL SEAL 11 'av = `;? 'NANO M JELDERKS \ % 6�fiMAMISSiON NO.373021 0 \ / .-44•,; , SIRES SEPT,2�5,2007(` � / ...,...____........,__„:„...„.„...„...„........„.....„.............„ TA,RY PUBLI V O' GON . () oFFIclAL sEAL 11 My Commission Expires: /.7 -,.10 1 f ,#:.!-':.,:. DIANE M JELDERKS ij ' NOTARY PUBLIC•OFrGON pMY COMMISSION MEXPIRES N EPT,y 5,20070 • NOTICE TO MORTGAGEE,LIENHOLIal,VENDOR OR SELLER: • EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION VARIANCE ITOOARED DATE OF NOTICE: February 14,2007 FILE NUMBER: VARIANCE (VAR) 2007-00003 FILE TITLE: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE REQUEST: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet). A condition of approval for the land use decision SDR2006-00004 Harris-McMonagle Office Headquarters required the applicant to provide a 10 to 20-foot landscape buffer where the site abuts residential property. The applicant appealed the condition of approval and a Hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006-00004 is final on the date that the City's decision for the requested variance becomes final. LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S 102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.745. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 28, 2007. All comments should be directed to Emily Eng,Assistant Planner(x2712) in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or bye-mail to Emilyetigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 14,2007. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOADA PART OF THE PERMANENT PUB.RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AI-TER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL. BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." I., '�� -�--`I ~\ VICINITY MAP % I',P -,, .- HBRRIS MCM[ON_{GLE ,,, ,, d, HE_iD��0APE BUFFER HEAD>UAR Rl FPER . W R N � �'_�RLv�CE • V LEG?NU,• ■ i _ S..„, SITE ► ' 4, 4'q., -- � I I,` .T.,---C ,1-ry . po., / ••q'9' ilk / II wiNINIFF '.----:-/--.4''-*;" ,-'1-!- , w 1 # • kc ,........„ __. Ruda.Feb,..c; .__ cetcJM3APQ 2S102AD-00900 • • 2S 1BC-01000 • • EXH1BITs. . 8775 SW COMMERCIAL LLC CLIC N OBERT R&PATRICIA A • BY BOOKOUT JOHN R/FANNY P 8485 NZIKER • 10459 NW LOST PARK DR' • T ARD,OR 97223 PORTLAND,OR 97229 • • • 2S102AA-03100 .2S102AA-03200 • • • AMERICAN LEGION THE • CRAGHEAD GARY A JUDY A TIGARD POST#158 • 12205 SW HALL BV . • PO BOX 23482 • • TIGARD,OR 97223 • • • TIGARD,OR 97281 • • 2S102AA-03801 • 2S102AA-03902 • . ASHER BRIAN W AND SUSAN P DAVIDSON WILLIAM G&DIXIE L 15795 SW SERENA CT . . 8915 SW COMMERCIAL ST . TIGARD,OR 97224 . • • TIGARD,OR 97223 • 2S102AA-04700 2S102AA-03900 BALLROOM LLC& DAVIDSON WILLIAM G AND DIXIE L PAGE KATHLEEN E 8915 SW COMMERCIAL 7122 SE MILWAUKIE AVE TIGARD,OR 97223 PORTLAND,OR 97202 2S102AA-00906 • 2S102AD-01200 • BSM REALTY LLC DIBB THERESA R REV LIV TRUST 3176 AMERICAN SADLER DR • BY DIBB THERESA R TR PARK CITY,UT 84060 8848 SW COMMERCIAL ST TIGARD,OR 97223 2S102AA-02300 .. 2S102AA-02501 BURTON WILLIAM H ET AL FREY HILDE C Go FLETCHCO PROPERTIES LLC 21745 SW HEDGES DR BY JEFFREY B FLETCHER TUALATIN,OR 97062 2065 FAIR OAKS CT SHERWOOD,OR 97140 2S102AA-04201 2S102AA-03903 BUTTERFIELD CHARLES W JR& GOLDEN TROUT LLC MICHELLE S BY RANDALL KAUFMANN • 825 SW VIEWCREST DR • PO BOX 357 DUNDEE,OR 97115 MOOSE,WY 83012 2S102AA-03802 2S102AA-03000 CARLOS STEVE HARRIS JAMES R& • 12435 SW ASH AVE MCMONAGLE WILLIAM TIGARD,OR 97223 12555 SW HALL BLVD PORTLAND,OR 97223 • • • 2S101BC-00800 .. 2S102AA-02400• CLICKENER ROBERT R&PATRICIA A HOYT CORPORATION • 8485 SW HUNZIKER • • • BY US BANK PROPERTIES . TIGARD,OR 97223 • • 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 • 01BC-00900 2S102AA-02301 CLIC' - -OBERT R&PATRICIA A HOYT CORPORATION 8485 ZIKER BY U S BANK ARD,OR • 23 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 • 2S102AA-04100 • 2S102AD-00800 • INTEGRITY INVESTMENTS INC PRUNTY CRAIG E&CARRIE 2229 NE BURNSIDE SUITE 86 8575 SW SORRENTO GRESHAM,OR 97030 BEAVERTON,OR 97005 2S102AA-00904_ 2S102AD-00600 JASUE TRUST THE& PRUNTY CRAIG E&CARRIE A JEFFREY NATHAN TRUST THE 8575 SW SORRENTO RD BY ALBERTSON'S#65 BEAVERTON,OR 97008 PO BOX 20 BOISE, ID 83726 2S102AA-00500 2S102AA-03301 LEARY DAVID LYLE& REMEDIOS DAVID&MARIA& LEARY KATHLEEN JOAN TAYLOR HANS&JULIE& 10020 SW JOHNSON ST DITTO BRAD/SUSAN&ESMAILI ASG TIGARD,OR 97223 265 N BROOKSHIRE AVE VENTURA,CA 93003 2S1O2AA-02800 2S1O2AA-02600 LIFEWORKS NW INC SCOFFINS STREET INVESTMENT COMPA 14600 NW CORNELL RD 8810 SW SCOFFINS ST PORTLAND,OR 97229 TIGARD,OR 97223 2S102AD-01203 2S102AA-03500 MAGNO LLC SICKLES DANIEL BY MAGNO-HUMPHRIES INC 10432 SW 52ND AVE PO BOX 230626 PORTLAND,OR 97219 TIGARD,OR 97281 2S102AA-00603 2S102AA-03300 MAZZOCCO DAVID E SKOURTES MARIANELLY 975 SE SANDY BLVD STE 101 PO BOX 2327 PORTLAND,OR 97214 CLACKAMAS,OR 97015 2S102AA-03800 2S102AD-00201 PADDACK FAMILY TRUST SNYDER GAIL V BY PADDACK A LUELLA TR 10250 SW HIGHLAND DR 11025 SW SUMMER LAKE DR TIGARD,OR 97224 TIGARD,OR 97223 2S102AA-00901 2S102AD-00202 PAYLESS DRUG STORES NW INC SNYDER OWEN R&GAIL V NEW ALBERTSON'S INC 10250 SW HIGHLAND DR DEPT 70428-CORPORATE TAX TIGARD,OR 97224 PO BOX 20 BOISE, ID 83726 2S102AA-03901 2S102A0-0020 PENNY CONNOR INVESTMENTS LLC SN - EN R&GAIL V 8905 SW COMMERCIAL#A 102 ' IGHLAND DR TIGARD,OR 97223 T ARD,OR • 24 2S102AD-01100 2S101 BC-00700 PORTLAND AERIE NO 4 FRATERNAL SUMMERS JOSEPH R ORDER OF EAGLES BEVERLEY C 8845 SW COMMERCIAL ST 13870 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 • 2S102AD-00401 • THOMPSON J RONALD&CECILIA 1847 N 150E CENTERVILLE,UT 84014 2S102AD-03351 THOMPSON LIVING TRUST BY J RONALD/CECILIA I THOMPSON TRS 1847 N 150E CENTERVILLE,UT 84014 2S l2AD-03350 THO ON LI 'G TRUST BY J RO •A/CECILIA I THOMPSON TRS 184 150E NTERVILLE,UT 84014 2S102AA-03701 TIGARD MANOR HOLDINGS LLC BY ALLIANCE PROPERTIES 4280 SW 109TH AVE BEAVERTON,OR 97007 2S102AA-03400 TIGARD TOWNHOMES INC BY MERRILL&CHARLOTTE HODGES PO BOX 2907 POULSBO,WA 98370 2S102AA-04800 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OR 4012 SE 17TH AVE PORTLAND,OR 97202 2S102AA-04801 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS STOP 1640 OMAHA,NE 68179 2S102AA-04000 UNITED STATES POSTAL SERVIC 11272 SW CAPITOL HWY PORTLAND,OR 97219 2S102AA-02500 UNITED STATES POSTAL SERVIC 12225 SW MAIN TIGARD, OR 97223 2S102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 fb Mildren Design Grou Nathan and Ann Murdock p PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 12-Dec-06 James R.Harris &William McMonagle VAR2007-00003 12555 SW Hall Boulevard HARRIS-MCMONAGLE HEADQUARTERS Portland,OR 97223 LANDSCAPE BUFFER VARIANCE Miller Nash,LLP Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 • • 1 AFFIDAVIT OF POSTING NOTICE _ OF A LAND USE PROPOSAL ZC1(aG_-, D IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for. • Land Use File Nos.: VAR2007-00003 Land Use File Name: HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE3 BUFFER VARIANCE I,Emily Eng,Assistant 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) 31 -50 S co- kv' '9 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 /C7 4—day of r-P ,2007. na iiAgadt;Zt114aerformed Posting h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc HARRIS-MCMONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE VARIANCE (VAR) 2007-00003 REQUEST: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet). A condition of approval for the land use decision SDR2006-00004 Harris-McMonagle Office Headquarters required the applicant to provide a 10 to 20-foot lands 'e buffer where the site abuts residential ro er . The applicant appealed the condition of approval and a P P tY pp Pp pP Hearing was held on December 11, 2006. The Hearings Officer issued an interim final order which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006-00004 is final on the date that the City's decision for the requested variance becomes final. LOCATION: 8730 SW Scoffins Street; Washington County Tax Map 2S102AA, Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of u•, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.745. Further information may be obtained from the Planning Division (staff contact: Emily Eng, Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to Emily@tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. CITY of TIGARD ....*„. C.) A R EA IN(A•17 1 I••!`I..E.:D Ss, • , s• A cr: A,ARDi•....:.:Isi .....11mi.fn. (C'' "i---, .....:A-, cs . o .........,. sin ....:::8,...... .;._/ lc/1j,, Prepoirly envier mteiniation • il liinill ; is valid ten A months tonal% •Xs°. en• ovisviss essissii, is:eons (iii s the. date feinted on this map. ell srrE nivi4,04194 , 4 is.1 vs ..—, r......:Har ' fr4.‘.. noes, ',CV 'An Ass. vis N (,../..... .2... A.), \N." ...N N... .... .:ry ,• ay . An Ais le ill . ••••• •••• fit ...l::::: ..•••.li•rellielle• n*••*Alellin: . (..A dliil --.1 -15 • .• ... .• •..• .. :..... . . . ,,...c.,) ....,:, •• 4...0.: •, '11i.,• i.):••!,.........'1....4•1!:,..,q I,: •.: .-....ilh.-.• i••■-••:1,.' •;•1.),* .. .11i.,:f:11,:*F.1;....',■■,•'...!..N.)1...■ r t ' • 2S102AD-00900 • 2S 1BC-01000 8775 SW COMMERCIAL LLC CLIC N OBERT R&PATRICIA A BY BOOKOUT JOHN R/FANNY P 8485 NZIKER 10459 NW LOST PARK DR T ARD,OR 97223 PORTLAND,OR 97229 2S102AA-03100 2S102AA-03200 AMERICAN LEGION THE CRAGHEAD GARY A JUDY A TIGARD POST#158 12205 SW HALL BV PO BOX 23482 TIGARD,OR 97223 TIGARD,OR 97281 2S102AA-03801 2S102AA-03902 ASHER BRIAN W AND SUSAN P DAVIDSON WILLIAM G&DIXIE L 15795 SW SERENA CT 8915 SW COMMERCIAL ST TIGARD,OR 97224 TIGARD,OR 97223 2S102AA-04700 2S102AA-03900 BALLROOM LLC& DAVIDSON WILLIAM G AND DIXIE L PAGE KATHLEEN E 8915 SW COMMERCIAL 7122 SE MILWAUKIE AVE TIGARD,OR 97223 PORTLAND, OR 97202 2S102AA-00906 2S102A0-01200 BSM REALTY LLC DIBB THERESA R REV LIV TRUST 3176 AMERICAN SADLER DR BY DIBB THERESA R TR PARK CITY,UT 84060 8848 SW COMMERCIAL ST TIGARD,OR 97223 2S102AA-02300 2S102AA-02501 BURTON WILLIAM H ET AL FREY HILDE C do FLETCHCO PROPERTIES LLC 21745 SW HEDGES DR BY JEFFREY B FLETCHER TUALATIN,OR 97062 2065 FAIR OAKS CT SHERWOOD,OR 97140 2S102AA-04201 2S102AA-03903 BUTTERFIELD CHARLES W JR& GOLDEN TROUT LLC MICHELLE S BY RANDALL KAUFMANN 825 SW VIEWCREST DR PO BOX 357 DUNDEE,OR 97115 MOOSE,WY 83012 2S102AA-03802 2S102AA-03000 CARLOS STEVE HARRIS JAMES R& 12435 SW ASH AVE MCMONAGLE WILLIAM TIGARD,OR 97223 12555 SW HALL BLVD PORTLAND,OR 97223 2S101BC-00800 2S102AA-02400 CLICKENER ROBERT R&PATRICIA A HOYT CORPORATION 8485 SW HUNZIKER BY US BANK PROPERTIES TIGARD,OR 97223 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 01BC-00900 2S102AA-02301 CLIC' . • -OBERT R&PATRICIA A HOYT CORPORATION 8485 ,f ZIKER BY U S BANK ARD,OR •; 23 2800 EAST LAKE ST MINNEAPOLIS, MN 55406 • 2S102AA-04100 • 2S102AD-00800 • INTEGRITY INVESTMENTS INC PRUNTY CRAIG E&CARRIE 2229 NE BURNSIDE SUITE 86 8575 SW SORRENTO GRESHAM,OR 97030 BEAVERTON,OR 97005 2S102AA-00904 2S102AD-00600 JASUE TRUST THE& PRUNTY CRAIG E&CARRIE A JEFFREY NATHAN TRUST THE 8575 SW SORRENTO RD BY ALBERTSON'S#65 BEAVERTON,OR 97008 PO BOX 20 BOISE, ID 83726 2S102AA-00500 2S102AA-03301 LEARY DAVID LYLE& REMEDIOS DAVID& MARIA& LEARY KATHLEEN JOAN TAYLOR HANS&JULIE& 10020 SW JOHNSON ST DITTO BRAD/SUSAN&ESMAILI ASG TIGARD,OR 97223 265 N BROOKSHIRE AVE VENTURA,CA 93003 2S102AA-02800 2S102AA-02600 LIFEWORKS NW INC SCOFFINS STREET INVESTMENT COMPA 14600 NW CORNELL RD 8810 SW SCOFFINS ST PORTLAND,OR 97229 TIGARD,OR 97223 2S102A0-01203 2S102AA-03500 MAGNO LLC SICKLES DANIEL BY MAGNO-HUMPHRIES INC 10432 SW 52ND AVE PO BOX 230626 PORTLAND,OR 97219 TIGARD,OR 97281 2S102AA-00603 2S102AA-03300 MAZZOCCO DAVID E SKOURTES MARIANELLY 975 SE SANDY BLVD STE 101 PO BOX 2327 PORTLAND,OR 97214 CLACKAMAS,OR 97015 2S102AA-03800 2S102AD-00201 PADDACK FAMILY TRUST SNYDER GAIL V BY PADDACK A LUELLA TR 10250 SW HIGHLAND DR 11025 SW SUMMER LAKE DR TIGARD,OR 97224 TIGARD,OR 97223 2S102AA-00901 2S102AD-00202 PAYLESS DRUG STORES NW INC SNYDER OWEN R&GAIL V NEW ALBERTSON'S INC 10250 SW HIGHLAND DR DEPT 70428-CORPORATE TAX TIGARD,OR 97224 PO BOX 20 BOISE, ID 83726 2S102AA-03901 2S102AD-0020 PENNY CONNOR INVESTMENTS LLC SN ' - . EN R&GAIL V 8905 SW COMMERCIAL#A 102 t IGHLAND DR TIGARD,OR 97223 T ARD,OR • 24 2S102AD-01100 2S101BC-00700 PORTLAND AERIE NO 4 FRATERNAL SUMMERS JOSEPH R ORDER OF EAGLES BEVERLEY C 8845 SW COMMERCIAL ST 13870 SW 121ST AVE TIGARD, OR 97223 TIGARD,OR 97223 2S102AD-00401 • • THOMPSON J RONALD&CECILIA 1847 N 150E CENTERVILLE, UT 84014 2S102AD-03351 THOMPSON LIVING TRUST BY J RONALD/CECILIA I THOMPSON TRS 1847 N 150E CENTERVILLE,UT 84014 2S '2AD-03350 THO ON LI 'G TRUST BY J RO •s/CECILIA I THOMPSON TRS 184 150E NTERVILLE, UT 84014 2S102AA-03701 TIGARD MANOR HOLDINGS LLC BY ALLIANCE PROPERTIES 4280 SW 109TH AVE BEAVERTON,OR 97007 2S102AA-03400 TIGARD TOWNHOMES INC BY MERRILL&CHARLOTTE HODGES PO BOX 2907 POULSBO,WA 98370 2S102AA-04800 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OR 4012 SE 17TH AVE PORTLAND,OR 97202 2S102AA-04801 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS STOP 1640 OMAHA, NE 68179 2S102AA-04000 UNITED STATES POSTAL SERVIC 11272 SW CAPITOL HWY PORTLAND,OR 97219 2S102AA-02500 UNITED STATES POSTAL SERVIC 12225 SW MAIN TIGARD,OR 97223 2S102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 Mildren Desig n� Nathan and Ann Murdock g o up PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 12-Dec-06 • • CITY OF TIGARD /4 !lids. -,-A. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION <,^ 4 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 TICARD PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: patty a(�tigard-or.gov � RiE- UES1 FR OWN PRo PRT.Y OWNR 1W IPE UN Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1 S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: g7;O tJ 3+. Ky S 1 o.k A 3 dloa PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the pro ect 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. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate ostage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose o 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 PERSON: -Fti�I12rat. PHONE: 501 aor 4311 FAX: �'ti �. c,ri lip EMAIL: ,5a3 ?� Y- oIss This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing reques{s. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will Cali' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can no t 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. Cost 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 to print one set of labels by the number of sets requested. (I *EXAMPLE* COST FOR THIS REQUEST 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=$ x sets= 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 _sheet(s)of labels x$2/sheet for interested parties=$ x_sets= GENERATE LIST = $11.00 GENERATE LIST = $11.00 TOTAL = $31.00 TOTAL = $ 2S102AA-03000 OW N45fr ra as HARRIS JAMES R& GY/ `/D MCMONAGLE WILLIAM 12555 SW HALL BLVD PORTLAND,OR 97223 • rk: V • = 4 LAND USE PROPOSAL DESCRIPTION 120 DAYS = 6/7/2007 FILE NO.: VARIANCE (VAR) 2007-00003 FILE TITLE: HARRIS-MQVIONAGLE HEADQUARTERS LANDSCAPE BUFFER VARIANCE APPLICANT: Harris-McMonagle Associates,Inc. OWNER James R.Harris &William McMonagle Ann:Bill McMonagle .12555 SW Hall Boulevard 12555 SW Hall Blvd. Portland,OR 97223 Tigard,OR 97223 APPLICANT'S Miller Nash,LLP REP: Attn:Phillip Grillo 3400 U.S.Bancorp Tower 111 SW Fifth Avenue Portland,OR 97204-3699 REQUEST: The applicant requests a variance to the buffer standards in Table 18.745.2 for a recently approved office site. This variance would reduce the required width of the landscape buffer to 5 feet (from a range of 10 to 20 feet). A condition of approval for the land use decision SDR2006-00004 Hams-McMonagle Office Headquarters required the applicant to provide a 10 to 20-foot landscape buffer where the site abuts residential property. The applicant appealed the condition of approval and a Hearing was held on December 11 2006. The Hearings Officer issued an interim finalporder which required the applicant to provide the required landscape buffer or receive a variance approval to allow the proposed buffer. Note: The decision for SDR2006 -00004 is final on the date that the City's decision for the requested variance becomes final. LOCATION: 8730 SW Scoffins Street;Washington County Tax Map 2S102AA,Tax Lot 3000. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district? centered on the City's historic downtown, including a mix of civic, retail and office uses. Single.family attached housing, at a maximum density of 12 units/net acre,equivalent of the R-12 zoning district, and multi-family-housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.745. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: FEBRUARY 14,2007 COMMENTS ARE DUE: FEBRUARY 28, 2007 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: MARCH 14, 2007 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN ❑ ARCHITECTURAL PLAN ❑ IMPACT STUDY ® NARRATIVE ❑ GEOTECFI REPORT ® OTHER STAFF CONTACT: Emily Eng,Assistant Planner (503) 639-4171 Ext. 2712 MI LLJi R 1N H LLP • Miller Nash LLP www.millernash.com A T T O R N E Y S A T L A W 3400 U.S.Bancorp Tower 111 S.W.Fifth Avenue Portland,OR 97204-3604 (503)224-5858 Portland,Oregon I Seattle and Vancouver,Washington I Central Oregon (503)224-0155 fax RECEIVED PLANNING Phillip E.Grillo phil.grillo@millemash.com millernash.com FEB 0 7 2007 (503)205-2311 direct line February 7, 2007 CITY OF TIGARD HAND-DELIVERED Ms. Patricia Lunsford Planning Secretary City of Tigard, Oregon 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Subject: Harris-McMonagle Associates, Inc., Variance Request 8730 S.W. Scoffins Street, Tigard, Oregon Case No. VAR2007-00003 Dear Ms. Lunsford: Pursuant to the letter from Emily Eng dated January 24, 2007, enclosed are two sets of labeled, stamped envelopes for all property owners within 500 feet of the above-referenced property and interested parties. Please call me if you have any questions. Very truly y urs, Phillip . Grillo cc: Mr. Bill McMonagle City of Tigard, Oregon * 13125 SW Hall Blvd. • Tigard, OR 97223 January 24, 2007 • Philip E. Grillo T I GAR Miller Nash,LLP 3400 U.S. Bancorp Tower 111 SW Fifth Avenue Portland, OR 97204 RE: Completeness Review-Harris-McMonagle Headquarters Variance Case File No. VAR2007-00003 Dear Mr. Grillo: The City received your application materials on January 23, 2007 for a variance to the buffering and screening standards (Table 18.745.2) at 8730 SW Scoffins Street. Staff has determined your materials to be substantively complete. Please submit the following so that your application can be deemed complete: • Two sets of envelopes with address labels and postage (Submit label request form to Patty Lunsford and request 2 sets). The review period begins upon completeness of your application and may take up to 5 weeks. Please be aware that the City may request additional items during the review process. If you have any questions,please contact me at (503) 718-2712. Sincerely, EmilyEng Assistant Planner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 111 11 L,L,E,110 I H 11 LLP • Miller ww.m Ilernash.com A T T O R N E Y S AT L A W 3400 U.S.Bancorp Tower 111 S.W.Fifth Avenue Portland,OR 97204-3699 (503)224-5858 It end,Portland,and Prineville,Oregon I Seattle and Vancouver,Washington (503)224-0155 fax Phillip E.Grillo phil.grillo@millernash.com (503)205-2311 direct line January 23, 2007 HAND-DELIVERED �'�tao-�e�i Ms. Emily Eng Assistant Planner City of Tigard Community Development 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Subject: Harris-McMonagle Associates, Inc. Variance Request Dear Ms. Eng: Pursuant to the hearings officer's interim order of January 5, 2007, the applicant, Harris-McMonagle Associates, Inc., is requesting a variance to the "D" buffer and screening standards the hearings officer found to be applicable to the project proposed in SDR 2006-00004 and VAR 2006-00073 (Harris-McMonagle) (Interim Order dated January 5, 2007). In this variance application (attached as Exhibit 1), the applicant is requesting a variance to the "D" buffer and screening standards to allow a 6-foot site-obscuring fence rather than a 6-foot wall, and a buffer with the width and plantings shown on the revised site plan attached as Exhibit 2. The applicable variance criteria have been addressed in the Applicant's Narrative, attached as Exhibit 3. Additional copies of the site plan have also been provided for your use. The applicant requests that this application be consolidated with the underlying applications for this project (SDR 2006-00004 and VAR 2006-00073) and that the record in those cases be adopted and made a part of the record in this case. Except for the minor revisions to the site plan (6-foot site-obscuring fence and enhanced plantings within the buffer area), all other aspects of the project remain the same. Please contact me once you have had a chance to review this application for completeness. At that time we will supply the necessary notice list. Thank you for your continued attention to this matter. Very truly yours, Phillip . rillo cc: Mr. Bill McMonagle • • • PRE-APP.HELD BY: CITY OF TIGARD PLANNING DIVISION • LAND USE PERMIT APPLICATION • City of Tigard Permit Center 13125 SW Hall Bhd, TigarcZ OR 97223 Phone. 503.639.4171 Fax:503.598.1960 File# V472- €7177—COMB Other Case# 40v40-O p vi9r2 a-ervlo-00073 /c o� Date / / By '�e*r-4 Receipt N 491)911)°‘S) Fee 60a1-6d Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR [X]Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑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 VILL OCCUR(Address if available) -' 8730 Scoffins Street, Tigard, Oregon 1 AX VL4PS&TAX LOT NOS. Washington County Tax Map 2S102AA, Tax Lot 300 TOTAL SITE SIZE - ZONING CLASSIFICATION . 57 Acres CBD: Central Business District APPLICANT' Bill McMonagle, Harris-McMonagle Associates, Inc . 1s[AILING ADDRESSTCTY7S IATE7ZIP - { 12555 SW Hall Boulevard, Tigard, OR 97223 PHONE NO. 1-AX NO (503) 639-3453 (503) 639-1232 PRIMARY CONTAA(.I PERSON PHONE NO. .. Bill McMonagle (503) 639-3453 , Ext . 14 PROPERTY OWN.EFt/DEED HOt35ER.rncEPi,,,f more thin one) Scoff ins Property, LLC bLAILING ADDRESS/CITY/STATE/ZIP 12555 SW Hall Boulevard, Tigard, OR 97223 PHONENO. FAX NO (503) 639-3453 i (503) 639-1232 'When the owner and the applicant are different people,the applicant must he 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. PROPOSAL st.mmRY(Pleue be spec,Eu) L See attached letter. if r-- APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc Exhibit 1 Page 1 of 2 • • • THE APPLICANT SHALL CERTIFY THAT: o 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. e 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,map 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. re- ,freer / rnet's Signatu— — Date • Owner's Signature Date • Owner's Signature Date Owner's Signature Date Owner's Signature Date / 23/17 Applicant/ en /Re e ve s ignature Date 1 Applicant/Agent/Representative's Signature Date Exhibit 1 Page2of2 CITY OF TIGARD 1/24/2007 � 13125 SW Hall Blvd. 8:40:37AM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000000281 Date: 01/24/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2007-00003 [LANDUS]Admin Variance 100-0000-438000 525.00 VAR2007-00003 [LRPF]LR Planning Surcharge 100-0000-438050 77.00 Line Item Total: $602.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check MARIS MCMONAGLE ST 13262 In Person 602.00 ASSOCIATES INC • Payment Total: $602.00 • cReceipt.rpt Page 1 of 1 • • b 1. a §i^ ° a IS SNIAAOOS MS 5 — —II 3+00 — I — — I— —I ll \ e 1 Co !I € I /MAY 1 i irT1 FF-75 211 I t L I I ',3: II E II A d : 8 a , ! R. 1Ii 1 Ea \,:%•• ••b ;ii gif 4,1i I i g: of b ' k ..1 7-0 , j; 1 - g"I 0 ;,;, ;gig; $- I III d ,6- ' ; � k" 1 $5 • " ail g oc.; \ I .b• I ,4 < i * A 2 tl Ili is "c\� , 1 i . 4 I k ( pp �g{J IIIl i! Q 1 I I �! 11 ` 3dS;fie m1l0.03 m!lO.p{i y i it I 11111%\i i 1 r i 1 ii , g; 04.; ,r 1 is I!! il g �I! i _ `I 1 g iJ ii < i : ---...) i 11 ? r---------- laid 1 ! i 6 fig .•! I ti IOW 11 1 1 s '011` li 65/1 d p � 9 is E n " i -'i 1 W � 1.—L1 I min.ee 11 1;114 fh {' .Ili 11 11 I ITVINY 1 ! ! 1 1 ! ! kil 11 1 i___________ ®1 � 9 Y Y Y 1 t Y o`, 'i !j 'li 3 9 9 04 glil fillP1111 1 WI/WI i li II 11 ii 1111 8 1 '3.1.i 2 till 11 IIi b h i k-�;,-- ..---' - _ - — !1---- Aibil 11, Q Q la: 9 a EX iGYG4 ti C, t g IL of 111 i i t :Fa ` i®e 0i3® 1 I g '•idi d d nd I 111 -—g Exhibit 2 Page 1 of 1 I • Applicant's Narrative for Harris-McMonagle Variance Request TDC 18.370.010.C2(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; Applicant's Response: 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 because the proposed office use will generate little or no impact on adjacent properties. The majority of activities will take place inside the office building. Outside impacts are limited to vehicles maneuvering in the parking lot. The proposed 6-foot-high solid fence will screen headlights from shining onto the adjacent properties. Activities on the site will not generate sufficient noise to warrant a sound wall. The proposed office building is 57.50 feet from the easterly boundary line and 52 feet from the southerly boundary line. TDC 18.370.010.C2(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; Applicant's Response: The proposed variance to the buffer requirements would be consistent with TDC 18.370.010.C2(b) because of the narrow shape of the lot and its current vegetation. The site contains a forested area in its northeast corner, which the applicant proposes to retain in its natural state. The sites length and width ratio is 2:5 to 1. As illustrated in Exhibit 4 of the underlying applications (SDR 2006-00004 and VAR 2006-00073), construction of a 10-foot-wide Level D buffer on the southeast and southwest boundaries of the site would significantly alter the proposed site plan design. The applicant would be forced to eliminate one-third of the proposed parking spaces on the site. The applicant would likely need to replace these parking spaces by eliminating the proposed natural area in the northeast corner of the site. Approval of a variance to the buffer requirements is necessary to allow the applicant to retain this natural area. Pursuant to TDC 18.370.010.C2(b), the presence of this existing natural space combined with the narrow shape of the site constitutes a special circumstance, over which the applicant has no control, and which is not applicable to other properties in the CBD zoning district. TDC 18.370.010.C2(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; Exhibit 3 Page 1 of 2 - 1 - PDXDOCS:1533321.1 • • Applicant's Response: A variance to the buffer requirements would not alter the use of the site. The applicant proposed to develop the site with a commercial office, a permitted use in the CBD zone. The variance requested is the minimum needed to accomplish the use of the site without detrimentally affecting any of the abutting uses. The variance will merely reduce the extent of the perimeter buffer on the southeast and southwest boundaries of the property. The proposed buffer on the southeast and southwest boundaries of the site provide for the sight obscuring fence, light attenuation, and landscaping. Enhanced vegetation is proposed within the reduced buffer width in order to provide a denser buffer that is more consistent with the intent of the code, as indicated on the landscaping plan. TDC 18.370.010.C2(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 Applicant's Response: As noted above, a variance is necessary to maintain the forested area in the northeast corner of the site. Therefore approval of a variance will allow the development of the site with less impact to the existing natural system than would occur if the landscape buffer Level D were required. The proposed variance does not adversely impact traffic, drainage or parks. TDC 18.370.010.C2(e). The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Applicant's Response: The hardship in this case is the desire to develop the site consistent with the zoning, while preserving the forested area in the northeast corner. The hardship results from relatively long and narrow shape of the site and the location of the natural area in the northeast corner. As the hearings officer found in the interim order, "this hardship was not self-imposed. " The location of the tree grove, natural area at the northeast corner of the site and the shape of the site are existing conditions for which the applicant is not responsible. The variance requested is the minimum necessary to alleviate the hardship by providing the maximum buffer width feasible as indicated on the landscaping plan while retaining sufficient vehicle maneuvering area to allow drivers to enter and exit the proposed parking spaces. Exhibit 3 Page 2 of 2 - 2 - PDXDOCS:1533321.1 I LANDSCAPING AND IRRIGATION SYSTEM NOTES; 4-STATION UNDERGRD, LIGHTING SYSTEM NOTES: 1. LANDSCAPE MATERIALS SHALL BE INSTALLED TO CURRENT NURSERY INDUSTRY STANDARDS. IRRIGATION ELEC. CONTROL 1. INSTALL 1" PVC CONDUIT TO NEW PARKING LOT LIGHTS, 2. IRRIGATION WATER DISTRIBUTION SHALL BE ZONED FOR FOUR ZONES AND AS SHOWN IN THIS PLAN, STATION BOX W/ VALVES DRIP SUPPLY-4-I}-OR FU i LIRE USE) XX PARKING LOT LIGHT 2. LIGHTS TO BE 10' STEEL POST WITH WHITE ROUND POLYCARBONATE GLOBE FIXTURE, 3. EACH SHRUB ALONG THE SOUTH, EAST, AND WEST BOUNDARY LINES SHALL HAVE A DIRECT-DRIP SYSTEM HEAD, 3. INSTALL AUTOMATIC PHOTOELECTRIC CONTROLLER FOR ALL LIGHTING FIXTURES. 4, SHRUBS SHALL BE IN MINIMUM ONE (1) GALLON CONTAINERS OR 8-INCH BURLAP BALLS, SPACING FOR SHRUBS TO BE A DRIP SUPPLY 3 (TO PRESSURE RED.) MAXIMUM OF TEN (10) FEET ON-CENTER, ALL PLANTS ARE TO BE FULLY-FOLIAGED, WELL-BRANCHED, AND TRUE TO FORM. 5, PLANTS SHALL BE INSTALLED BETWEEN FEBRUARY 1 AND MAY 1 OR BETWEEN OCTOBER 1 AND NOVEMBER 15. WHEN PLANTINGS DRIP SUPPLY 2 IRRIGATION SUPPLY BOX STREET TREE LIST: MUST BE INSTALLED OUTSIDE THESE TIMES, ADDITIONAL MEASURES MAY BE NEEDED TO ENSURE SURVIVAL OF PLANTS. 6, ALL GROUND AREAS IN THE PLANTING BEDS SHALL BE COVERED WITH A WEED CONTROL GEOTEXTILE FABRIC AND THE PLANTS W/ DOUBLE CHECK VALVE AND 7 INSTALLED THROUGH THE FABRIC WITH THE FABRIC FLAP WRAPPED AROUND THE PLANT TRUNK. DRAIN VALVE # SYM LATIN NAME/ Common Name SIZE SPACING 7, THE DRIP IRRIGATION HEADS SHALL BE PLACED UNDER THE FABRIC NEXT TO THE PLANT STEM, j 5 RA ACER, RUBRUM 2" Caliper as shown (N20' o.c.) 8. GROUND COVER AROUND THE PLANTINGS SHALL BE WITH RED FIR BARK DUST, MEDIUM GRIND, PLACED THREE (3) INCHES THICK Red Sunset Maple ON ALL EXPOSED SOIL IN THE PLANTING AREAS, ELEC, SUPPLY s' VINYL -.41::"" , SITE PLANT LIST: ' FENCE ' " ' /A/ 4,0 SITE IRRIGATION NOTES: FROM CONTROLLER SYM LATIN NAME/ Common Nome SIZE SPACING - 3,0 SHRUBS SYM NOTE IRRIGATION SUPPLY LINE CONNECTION\-- DRIP SUPPLY 1 -''w'`�;' oQd 33 MA MAHONIA AQUIFOLIUM 1 gal. 0 as shown LANDSCAPING TREE Oregon Grope • DRIP SYSTEM HEADS TO EACH PLANT z LANDSCAPING ,�`i 16 RS DOUGLAS SPIRAEA 1 gal. as shown � SHRUB ►' dougias spiraea g • 10' — 12' ADJUSTABLE 360' HEADS NEW WATER SUPPLY LINE 4AR 't4G SITE AREA = 24972 S.F. W 0 10 20 40 27 RW ROSA NUTKANA 1 gal. as shown LANDSCAPE AREA: °gi ►� Nootko Rose ALL IRRIGATION HEADS TO BE RAINBIRD OR IRRIGATION SUPPLY DETAIL GROUIND a - ° SCALE. 1 -10 TREES APPROVED EQUAL PERIMETER = 5,4fi2 S.F. _� _ .._.- (N.T.S.) ISLANDS = 417 S.F. , FACE OF RET WALL ON PROPERTY LINE 0 8 AR ALNUS RUBRA 1 gal. as shown 1" caliper TOTAL LANDSCAPE AREA = 5,879 S.F. 0 Red Alder 12 ACR ACER RUBRUM 1 gal. as shown 1-1/2 caliper = 23.5% OF SITE GROSS - s I Red Sunset Maple I P1 II =- 8 CN CORNUS NUTTALUI 1 gal. as shown 1" caliper ta.; » EXTG. HEDGES II Pacific Dogwood 1 -1/2 PVC EXTG. HEDGES y I EXTG. HEDGES ELECTRIC IRR. CONTROLLER CURS 1� EXISTING FENC 1„ PVC SUPPLY LINE IN 1" BURIED CONDUIT _ , � _ � ^ ~ _.. _.__ - - - - - - - - - _.__ _._. - _.._ - ___. - _.._ - - - - - - - - ___. - - - - - - - - - - - - - - = = = = -� ._ _._. � -- EXISTING 11 1" PVC �--/- 0 Q _ EXISTING FENCE I I I I 0 t. .2.�.. -- .� 1-1/2" ----0----- I Jy ' ,: .ii ii ,.. - _ _... r._ C 1 -1/2 PVC i NE' WATER MET R � ., :.4 A � � o+t• 6,78 • 'a. (LINE 3) o0 I ..... 0 0 G a e-4--ee END VINYL '- -- - --- ,_._._.4 - - - �►4 M FENCE 1 --- _ `' i• ELECTRIC IRRIGATION CONTROLLER r L J x 4441. c SUPPLY LINE IN CONDUIT I A m x iv% — �' E8 IRRIGATION SUPPLY & ■' __. co " 0 1" PVC VALVE BC XES I 0 LINE 2 SEE DETAIL THIS SHEET CA ELECTRICAL IRRIGATION P _ ( ) _.. -t ,! 1 CONTROLLER W/ TIMER, I S L N r> x P► LOCATE INSIDE DOOR BUllDINfG a O C: IN CREW AREA BUILDING V y ix - 1-1/2" PVC I (. ) ( (LINE 1) s �. f 1 x VI c ,r,= ` I F.11. v 1 1 CO #��►a �' I *\-\----!--:\:. --CONDUIT_--- -- 1-- - ( ,i ( GN LIGHTING) ► rn --�'�'� ENTRANCE r I I ,y :i: ,.- SIGN I iii 1 0 d 0 G'>' --'"'" . 705. . " ! 25' CO (MAX loo, , i I i e -- oG) 0 CY i cote"------.-- dillY , c,`1 ,----.- 4 i LL Pill ---"-------1�' A • 1 ��,+ O j LL nc>r (41, 0 I • *�*(> 0 ell lk ,,4 ► y --------- -a" PVC.-,--COIF a-T 1110) ° ''' • _QU _, ,1i►'. r ek_ 1" PVC _C NDUIT _ 4 �► 2 5 � o 2C6 `� � ;•r, d 11-4 ' 6' HIGH WHITE !$ PICNIC AREA u7I-- G VINYL FENCE �\\o x 0 .t►<< 6" INSIDE PROP LINE ' �' w �? C 3/4" PVC Ee e► . 2 5� ti \ Cf) z ,,-, , SAN CLEANOUT O UT » Cnn-'3 A, c,_-• 0 40 _ 1/2" PVC \` 410! THIS AREA 1 2» PV .. �' 2��9 n oQ� / C r itf TO REMAIN IN 2.658 , S ► ITS NATURAL CONDITION e, W.Q. FILTER MH °. • ` Q 1' 0 , CURB LINE 6HIGH WHITE 2857 xNYL FENCE I '� .... „.•:� _ _,.,...: _ A ” INSIDE PROP LINE 1/2„ pVC 1-1/2" PVC ��� � 2�� v `�� ,I�` J° fir► \.Y9 �� ���` `i.' •'mow. e�:` v:�sr��. , .. •o,� r�tAn ; ► �. A .. • ..` 1��.,�+ j� 1� 0 .Ct r 10 . r "�•, � ' :,"--��,�, _. +�ry ,► r »- 4. _K - J x �� a► _ ,� y � ' A ►1 J A A� ,,; y, �'"""—y'i[�s i n 7° BEGIN V)NYL ,(� 3/4 PVC �,, �, 2 Buz_-_ ,... �� I! A f�� ► A'`A��►, FENCE :r,. o 0 1 0 R ET WALL _ — x x-- x— x X X X 0 • x_— x_____ x x_____ 1 1 g PROPERTY 0 j� ! _` — , �, y 2 1" PVC 1" PVC EXIST. CHAIN L 1' m 'II • %o5�6, as ( LINE 1 (LINE 2) FENCE I I ( I I I EXIST. CHAIN LINK \ ' . FEN. '` REFERENCE INFORMATION AND NOTES: DESIGN SCOFFINS ST. PROPERTY LLC SCALE HMC 1 "=10' DRAFTED SW SCOFFINS ST. DWG. NAME R.K.W. HMC NEW 2 INCREASED NUMBER OF PLANTS ON PLAN AND LIST B.S.A. W.L.Mc. 1/22/07 CHECKED SHEET 1 REVISED BIKE RACK LOCATION, BUFFER WIDTH, CROSS SECTION, CALCULATIONS B.S,A. W.L.Mc. 11/14/06 W.L.Mc. HARRIS-MCMONAGLE ASSOCIATES, INC. IMPROVEMENT PLANS 7 ENGINEERS — SURVEY 0 R S REV. DESCRIPTION SUB. APPR. DATE DATE 12555 S.W. HALL BLVD, TIGARD, OR 97223-6287 LANDSCAPE, IRRIGA'llON, AND LJ -I11NG 7 REFER TO TRACING FOR LATEST REVISION 6/19/06 PHOOF VAPLWO7- 'OOO5