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ZON2007-00008 120 DAYS =,10/16/2007 Aik • DATE OF FILING: 8/19/2007 • DATE MAILED: 8/21/2007 P ._ n� CITY OF TIGARD T I GAR Washington County, Oregon NOTICE OF FINAL ORDER BY THE PLANNING COMMISSION NO. 2007-04 PC Case Number: ZONE CHANGE'(ZON) 2007-00008 Case Name: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE Applicant's Name/Address: TLB,LLC Attn:James J.Lampus PO Box 25716 Portland,Oregon 97298-0716 Owner's Names/Addresses: Same as Applicant Address of Property. 11930&11990 SW 72nd Avenue Tigard.Oregon 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No. 1S136DC,Tax Lots 4300 and 4402. A FINAL ORDER INCORPORATING THE FAd1S,FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE CHANGE. THE CITY OF TIGARD PLANNING COMMISSION HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, AND COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING ON AUGUST 6, 2007 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request The applicant requested a zone change from GG (PD) to GG for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. At the August 6, 2007 public hearing,the Planning Commission unanimously approved this request. Current Zoning: GG: General Commercial District with Planned Development (PD) Overlay. Applicable Review Criteria: Community Development Code Chapters 18.380, 18.390 and 18.520;and Comprehensive Plan Policies 1,2,4, 6, 7 and 12. Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © .The Applicants and Owners Final Decision: THIS DECISION IS FINAL ON AUGUST 21, 2007 AND BECOMES EFFECTIVE ON SEPTEMBER 6, 2007 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority 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 from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 5, 2007. Questions: If you have any questions,please call the City of Tigard Planning Division at (503) 639-4171. • NOTICE OF FINAL ORDER NO. 2007-04 PC I1 BY THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A ZONE CHANGE TO REMOVE THE PLANNED DEVELOPMENT OVERLAY. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON AUGUST 6TH, 2007. THE PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER. 120 DAYS = 10/16/2007 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change (ZON) ZON2007-00008 FILE NAME: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE PROPOSAL: The applicant requests a zone change from GG (PD) to GG for two parcels totaling proximately 1 acre located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. APPLICANT & TLB,L.L.C. APPLICANT'S T M Rippey Consulting Engineers OWNER: Ann: Jim Lampus REP.: Attn:. Lans Stout P.O.Box 25716 7650 SW Beveland St.,Suite 100 Portland, OR 97298-0716 Tigard,OR 97223 LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC, Tax Lots 4300 and 4402. CURRENT ZONE: GG: General Commercial District (PD). The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City.wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including.but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitted-conditionally. PROPOSED ZONE: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Exce?t where non-conforming, residential uses are limited to single-family residences w_iich are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitteciconclitionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; and Comprehensive Plan Policies 1,2,4,6,T and 12. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 1 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • y ' cti SECTION II. PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed Zone Change meets the approved:standards as outlined in this Final Order and will not adversely affect the health, safety and welfare of the City. The Planning Commission,therefore,APPROVES the requested Zone Change.- SECTION III. BACKGROUND INFORMATION Site History&Information Based on zomng_maps,the site was not within the Tigard City Limits in 1981. A 1983 Zoning Map shows the site within Tigard and zoned GG (PD) as it is now. These maps show that several adjacent parcels were brought in at the same time under the same zoning. No fires could be found pertaining to the annexation or why the parcels were zoned with a Planned Development overlay. A search of City records did not uncover any land use applications that are not related to the applicant's plans to develop the site. Tax lot 4300 had several Code Enforcement Actions for an illegal business that has since ceased operation. Vicinity Information The site is located within the Tigard Triangle, which is an overlay zone ap lied to create a high quality, mixed use employment area. Design requirements for this area include build.ng placement near the street ground floor window requirements and articulation along street frontages. Zoning in the area is a mix of GG (PD) like the subject properties and MUE (Mixed Use Employment). Properties to the north are zoned MUE and improved with single-family homes. The site to the east is GG (PD) and site i development for a proposed office building has begun on it. Across 72nd Avenue and Dartmouth Street the properties are also zoned GG (PD). On the northwest corner of the intersection is an existing retail plaza. All other properties at the intersection are vacant. Many of the sites within the Triangle are being re-developed and converted from residential to commercial uses. Site Information and Proposal Description The two parcels within the proposed zone change total approximately one acre, but the future development site also includes two parcels to the north. That site area, including all four parcels, is about 1.65 acres. No sensitive lands exist on the site. Both parcels slope gently to the southwest. There are a few trees remaining on the southernmost parcel,tax lot 4402. The applicant is requesting approval to change the existing zone from General Commercial with Planned Development overlay {GG (PD)} to General Commercial (GG) with no PD overlay. Plans are to build a new commercial development. Any proposed development must still meet all applicable development standards and the design requirements outlined for sites within the Tigard Triangle. Other options were considered to address the PD overlay, including development under the PD criteria, change the entire site to MUE through a Comprehensive Plan Amendment/Zone Change or modify the PD code addressing the difficulty of developing a commercial site under the current standards. Summary of Issues ♦ Removal of the Planned Development overlay is not out of compliance with any Comprehensive Plan policies as shown in this report. • Since the site was originally zoned changes have occurred to the development code that make the PD overlay irrelevant or redundant. These include the adoption of the Tigard Triangle design standards and recent revisions to the Planned Development chapter. ♦ Purpose statements of the Planned Development chapter speak to increased open space, preservation of existing landscape and amenities, walkable communities and unique neighborhoods. The purpose statement of the Tigard Triangle includes some of the same design pnnciples. For this site there is little landscaping and no natural feature such as a stream or wetland to protect. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 2 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC . • ♦ Open space for such a small site is not normally practical. Staff believes the requirement for open space in commercial and industrial PDs, especially for small parcels, was an oversight. The Planning Commission and PD Committee focus was on residential development during the code revision. Open space requirements for commercial and industrial development were not discussed. Including these types of development in the open space requirement was an oversight. The two parcels zoned PD are approximately one acre. Land will be dedicated along 72nd and Dartmouth to install street improvements and provide reserve right-of-way for signalization improvements to the busy intersection at 72nd and Dartmouth. These dedications decrease the usable area of the site. ♦ Planned Developments approved in the GG (PD) zone include Costco, Babies R Us and the Win Co shopping center. These sites are all 6 acres or more, are within or near sensitive lands and were approved prior to the adoption of the Tigard Triangle and revised PD standards.. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Statewide Planning Goals, Metro Urban Growth Management Plan and Metro Regional Framework Plan Policies are not applicable to this land use decision; N'o changes are proposed to the Comprehensive Plan and the land use action requested is not legislative. Tigard Development Code Chapter 18.380 Section 18.380.030.A states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. Section 18.380.030.B states that a recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. Both GG (PD) and GG zoning are treated as General Commercial under the Tigard Comprehensive Plan.The applicable Comprehensive Plan Polices are as follows: COMPREHENSIVE PLAN POLICIES 1. GENERAL POLICIES U.la The city shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Implementation Strategies 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply land use categories in the following manner. f.General Commercial- Refers to areas for auto-oriented and related commercial uses located along major trafficways. The applicable zoning district is General Commercial(C-G). The proposed zone change from GG (PP) to GG complies.with the Comprehensive Map designation of "General Commercial" because the GG zoning district implements the General Commercial Comprehensive Plan Designation. Removal of the PD overlay would not amend the comprehensive plan and is not a legislative change. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 3 OF 10 PLANNING COMIVIISSION FINAL ORDER NO.2007-04 PC • . a 2. CITIZEN INVOLVEMENT: 2.1.1 The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 26, 2007 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, three neighbors were in attendance. Discussion related to the necessity of the proposed zone change and the relevance to the future.development. No objections were given to the proposed zone change. In addition,the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, and published notice of the hearing pursuant to TDC 18.390.050 for Type III Procedures. FINDING: With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. 4. AIR. WATER AND LAND RESOURCES QUALITY: 4.2.1 All development within the Tigard urban planning rea shall comply with applicable federal, u state and regional water quality standards, including those contained in the Clean Water Services' Design andLonstruction q anual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii,policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency(prior to the approval of a land use proposal) that all applicable standards can be met. Removal of the PD overlay will not change the standards related to water quality or noise standards. All new developments within the City of Tigard are required to collect and treat storm run-off water for the site utilizing_Clean Water Services design standards. Noise level allowances are regulated by the Tigard Municipal ode 7.40.130 through 7.40.210. During pre-application meetings held for future site development, the applicant has proposed retail and office uses. These are not uses which create excessive noise. They are also the same type of uses already existing on many surrounding properties as the neighborhood continues to change from residential to commercial. Buffering wille required where future commercial development occurs adjacent to a residential use. 5. ECONOMY: 5.1 The City shall .promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Because the underlying zone remains General Commercial, all the allowed uses will be the same. The PD overlay does not provide more growth opportunities for the local job market. Due to the constraints outlined within the PD code,the applicant states that removal of the'PD will allow the site to develop in a manner that will increase economic activity. 5.4 The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 4 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC a • • There are residential uses northeast of the site. The area is currently zoned for commercial development and many sites in the area have been re-developed with commercial uses. Any proposed commercial development on the site will not be encroaching into residential zones. Buffering and screening will be required next to these existing residences if the site is developed with a commercial use. FINDING: The proposed zone change is consistent with the applicable Economic policies. 7. PUBLIC FACILITIES AND SERVICES: 7.1.2 The City shall require as a pre-condition to development approval that; a. Development coincide with the availability of adequate service capacity including: 1. Public water, 2. Public sewer shall be required for new development within the city unless the property involved in over 300 feet from a sewer line and Washington County .Health Department approval for a private disposal system is obtained;and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. According to City maps, storm, sanitary sewer, and water are all available at the corner of 72nd and Dartmouth. The proposed use of the site subject to approval of this zone change request, will undergo site development review to ensure that public facilities and services are adequate, capable of serving the properties,and designed to city standards. FINDING: The proposed zone change is consistent with the applicable Public Facilities and Services policies. 8. TRANSPORTATION: Transportation System 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. c. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature ofpthe street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway. d. Construction of sidewalks on all streets within Tigard. All schools parks, public facilities and retail areas shall strive to have direct access to a sidewalk e. . Development of bicycle and pedestrian plans which link to recreational trails. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 5 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC . e • f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. g. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. h. Tigard will support the development of a commuter rail system as part of the regional transit network. 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. b. Set parking ratios to provide adequate parking,while providing an incentive to limit the use of�e single occupant vehicle. c. Encourage working with other transportation providers in Washington County, including Tri-Met,Metro and ODOT to develop, operate and maintain intelligent transportation systems,including coordination of traffic. 8.2 Trafficways 8.2.1 The city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8.2.2 The city shall provide for efficient management of the transportation planning process within the city and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. 8.2.3 The city shall require as a precondition to development approval that: A. Development abut a publicly dedicated street orhave adequate Access approved by the appropriate approval authority; B. Street right-of-way be dedicated where the street is substandard in width; C. The developer commit to the construction of the streets, curbs And sidewalks to city standards within the development D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts. E. Street improvements be made and street signs or signals provided when the development is found to create or intensify a traffic hazard; F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons; and H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. The Transportation Goal policies and implementation strategies are largely directed at the City and include objectives that create the framework for ensuring that the transportation system is adequate for all modes of travel at the time development occurs. These objectives are implemented by the Development Code standards that apply during development review. objectives of the minimum requirements for streets, access or parking would-be different if the site were developed as a Planned Development. As stated in the applicant's narrative,the proposed subsequent development will require a traffic study. At a minimum this study must address site distance for access points, peak period vehicle trips and the development's affect on nearby entry/exit ramps for Interstate 5. The City will require additional dedication of land and street improvements to meet current standards along. Clinton Street, Dartmouth Street and 72nd Avenue. In addition funds will be collected that will contnbute to the signalization of the Dartmouth/68th intersection and Dartmouth/72nd intersection. However,these requirements will be addressed under Site Development Review. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 6 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • The future commercial project is likely to generate increased transit ridership. Tri-Met bus route 78 serves the subject site with a bus stop located at the intersection of 68th Parkway and Dartmouth Street. Any future development must incrude pedestrian connections such as a sidewalk or plaza. Sidewalks are currently not constructed to connect this site with the bus line along 68th Parkway, but will happen with future development. All on-site parking and circulation for any proposed development will be done to City specifications as required by the Tigard Development Code. Maximum parking regulations will limit the amount of parking provided to encourage use of alternative modes of transportation. FINDING: As shown in the foregoing analysis, the City's Comprehensive Plan Transportation Polices have been met. 9. ENERGY: 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design and construction. IMPLEMENTATION STRATEGIES 3. The City shall locate higher densities and intensities of land use in proximity to existing and potential transit routes specifically with convenient access to federal and state highways, arterials and major collector streets. 8. The City shall coordinate with and support public and private planning efforts that advocate alternative forms of transportation such as mass transit, carpooling, ride share, bicycling and walking for commuter purposes. The site is located at the corner of 72nd Avenue and Dartmouth Street which is within 1/4 mile of an I-5 interchange. State Highway 99 is less than l/ mile to the north. Another arterial (68th Parkway) is within two blocks of the site. The proposed removal of the PD overlay would not change the allowed uses on the site. Tigard Development Code standards such as maximum parking and required bicycle parking will encourage the use of alternative forms of transportation. These criteria are reviewed during the Site Development Review process. FINDING: The proposed zone change will have no effect on the efficient use of the transportation system to conserve energy and will remain consistent with the applicable Energy policies. 12. LOCATIONAL CRITERIA: 12.2 COMMERCIAL 12.2.1 The City shall: a. Provide for commercial development based on the type of use,its size and required trade area. b. Apply all applicable plan policies. c.Apply the appropriate locational criteria applicable to the scale of the project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users,a combination of retail, service,wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores,vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale 1 Trade Area.Varies. Site Size. Depends on development. 3 Gross Leasable Area.Varies. B. ocational Criteria TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 7 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • , , , . (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and protected traffic volumes,the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. b The site shall have direct access from a major collector or arterial street. c) Public transportation shall be available to e site or general area. (3) ite Characteristics (4) ia The site shall be of a size which can accommodate present and projected uses. b) The site shall have high visibility. mpact Assessment (a)The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site is not located near residential zones although residential uses do currently exist near the site. Because the site is at the intersection of a collector and an arterial access is not required through a residential neighborhood. The site is appropriate for some uses allowed'in the GG zone such as office and less intense retail uses. The site is approximately 1.65 acres, including.two parcels to the north zoned MUE. Buffering will be required along any parcels currently used as residences.The proposed lighting will be reviewed during Site Development Review to insure there are no adverse off-site impacts. The lot coverage, site design standards, and landscaping requirements of the Tigard Development Code will limit the scale of the development. The site slopes to the northeast but does not contain any unique natural features that should be considered in the development plan. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and FINDING: The proposed zone change does not include a specific development roposal at this time. However, during Site Development Review, any new development will be required to meet all of the current Tigard Development Code standards of the GG zone. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Staff reviewed the zoning history of the site utilizing old zoning maps and searching City records. The site was shown on a 1981,zoning map as outside the city limits. A1984 zoning map shows the site zoned GG (PD). No City records were found pertaining to the annexation or zoning g ofpthe parcels. The applicant states that the City was experiencing development of the area west of 72nd and utilized the PD overlay as a way to ensure hip-quality development in the area. In 1999 the Ci adopted the Tigard Triangle Design Standards for the area lying between Hi hway 99 Interstate 5 and Highway 217. These standards adopted guiding principles to create a high-q» rty mixed use employment area provide a convenient pedestrian and bikeway system and utilize streetscapes for a quality image. Over the years the Triangle area has been redeveloping_ nto an area with lamer retail uses such as Costco and WinC:o grocery along with large and small scale ofice buildings. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 8 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • In 2006 the City adopted revisions to the Planned Development chapter of the Tigard Development Code. These changes included a requirement to provide shared open space (20% of e_gross site area). The open space can consist of minimal, passive or active use facilities. The applicant states that the amendments to the PD chapter are not relevant to commercial development, particularly on sites without unusual development constraints. FINDING: The foregoing analysis demonstrates that there has been a significant change in the neighborhood now known as the Tigard Triangle. Removal of the Planned Development overlay does not result in an inferior development. The design standards put in place through the adoption of the Tigard Triangle insure high quality development. There is no apparent evidence of a mistake or inconsistency in the comprehensive plan or zoning map. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has no objections. The Tigard Police were notified of the proposed amendment and have no objections to it. The Tigard Long Range Planning Division, the Engineering Division, Clean Water Services and Metro was notified of the proposed amendment but did not respond. SECTION VI. STAFF ANALYSIS Based on the information above the proposed zone change complies with the applicable Comprehensive Plan policies. Staff finds that the proposed zone change from GG (PD) to C-G does not reduce the likelihood of a high-quality develo ment on the site. The design standards adopted for the Tigard Triangle ' will provide pedestrian scale development. Required pedestrian connections and bike lanes will increase accessibility and encourage use of public transportation and bicycles. Design standards that require the buildings be placed at intersections the.parking is rovided along the side or rear, and the creative use of building materials and architectural design to produce neighborhood character. In the early 1990's Staff was proceeding to remove the PD overlay for existing zones since the PD process was largely redundant. Reassignment of priorities discontinued that process. The element of open space is not specifically addressed by the Triangle standards but at least fifteen percent of the site must be landscaped to meet GG standards. The applicant writes tfiat the PD standards are not readily applicable to commercial sites without unusual development constraints. Staff believes this is an inadvertent consequence of drafting code language that was intended for residential development. The subject site.is approximately 1.65 acres including the two parcels zoned MUE. Each parcel is currently developed with a single-family esidence. There are no natural features of amenities on the site that would easily be preserved as open space for the neighborhood. Prior to the PD revisions and adoption of the Triangle standards, three other sites were approved through the PD process. These were all 1parge sites of at least 6 or more acres and included or were adjacent to sensitive lands. This site is approximately one acre and has no unique natural features. Staff recommends the Planning Commission approve the requested zone change to remove the Planned Development overlay. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 9 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • ` • SE CFION VII. CONCLUSION The City of Tigard Planning Commission has APPROVED, Zone Change (ZON2007-00008) - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE. IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: THE 6TH DAY OF AUGUST, 2007 BY THE CITY OF TIGARD PLANNING COMIVIISSION. Jody Inman,City of Tigard Planning Commission President Dated this day of August, 2007. • TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 10 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC CITY of TIGARD \r GEOGRAPHIC INFORMATION SYSTEM, QPG V VICINITY MAP r ST ZON2007--00008 4111 7 TLB LLC 11111.1 I I PLANNED • DEVELOPMENT -c----- BAYLCR ST OVERLAY ZONE > > r MANGE • Q - 1] 1 E LEGEND: f ST h. •■ f#A SITE CD re 191 0) CO (Ii {D LL e F�aa�M�4-�!_�.,, DARTMOUTH ST 5 r *`. 1 t3000MTpo yP • Mr • rr REEF SEND RD. .._.. w • d Q Tigard Area Map KIN , ' ♦.. N ELMHURST I 0 100 200 300 400 500 Feet = 1"=384 feel co II • W .i H . > i , Q■ Ticn�iu non this ma Is for general location only and Informaho P i inIt rified with the Development Services Division IIII . f RAyKLI ST snaDid he Ye 13125 SW Hall Blvd Tigard,OR 97223 503 6394171 BEVELAND RD http:Avww.ci.ttgard.or.us ■-`_ Plot date:Jul 19,2007;C:\magic\MAGIC03.APR Community Development USPS - ZIP Code Lookup - Find a ZIP + 4 Code By Company Results Page 1 of 1 • • UNITED STATES • POST4L SERVICE. . USPS Horn ZIP Code L Find a ZIP + 4®Code By Company Results You Gave Us SCHWABE WILLIAMSON &WYATT 1211 SW FIFTH PORTLAND OR Lookup Another ZIP Code TM Full Address in Standard Format SCHWABE WILLIAMSON &WYATT Mailing Industry Information 1211 SW 5TH AVE PORTLAND OR 97204-3795 Related Links Business or Residence Lookup Calculate Postage Print Shipping Labels Calculate postage for your Print shipping labels from Yellow Pages letter or package online! your desktop and pay online. 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Rate Calculator Click-N-Ship® White Pages Other Postage Find a residence nationwide. pantrJoc by Switchboard Site Map Contact Us Forms Gov't Services Jobs I National & Premier Accounts Copyright©1999-2005 USPS.Af I Rights Reserved.Terms of Use Privacy Policy N oFEAR Act EEO Data '- Postal Inspectors ; Inspector General Preserving the Trust 0 Promoting Integrity • http://zip4.usps.com/zip4/zcl_2_results.jsp 8/15/2007 • Tigard Planning Commission Agenda Item # 5. 1 Page L of Date of Hearing S " �07 Case Number(s) 2 ON .o? 00 7" DODO �f Case Name 7115/ LLG /4 /1ed !/%hani- Over/7._ ZvYie- Location //q s / /qcf 0 Brie If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent(for the proposal): Opponent (against the proposal): Name: 1, 43 Ste - Name: 1?t P i1-v—'1 (Zt Address: „l0 5o S uo,1 gove-Liam.4 Address: City, State, Zip: rkwaive 9-t to City; State, Zip: Name: L t.,, c for, c0Liz* __ Name: Address: izu s w Ft Ft,; 44�'t" a4` Address: ti City, State, Zip: %jet-16,0„ c r a R O1 t.i City, State, Zip: Name: R cJ Name: Address: ?j Si-)ogs a Li t j Address: City, State, Zip: —T t S , City, State, Zip: at, Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • TIGARD-PLANNING` :MISSION- AUGUST 6, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 ZONE CHANGE (ZON) 2007-00008 TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE REQUEST: The applicant requests a zone change from C-G (PD) to C-G for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 & 11990 SW 72nd Avenue:WCTM 1S136DC, Tax Lots 4300 &4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies 1, 2, 4, 6, 7 and 12;The Metro Urban Growth Management Plan Titles 1, 8 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 3, 4, 5, 7, 8, 9, 11 and 12. 8:00 p.m. 6. OTHER BUSINESS 8:05 p.m. 7. ADJOURNMENT • • Agenda Item: 5.1 Hearing Date: August 6,2007 Time: 7:00 PM STAFF REPORT TO THE I, PLANNING COMMISSION = FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 10/16/2007 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change (ZON) ZON2007-00008 FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE PROPOSAL: The applicant requests a zone change from GG (PD) to GG for two parcels totaling approximately 1 acre located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. APPLICANT & TLB,L.L.C. APPLICANT'S T M Rippey Consulting Engineers OWNER Ann: Jim Lampus REPRESENTATIVE: Attn: Lans Stout P.O.Box 25716 7650 SW Beveland St.,Suite 100 Portland, OR 97296 Tigard, OR 97223 LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC, Tax Lots 4300 and 4402. CURRENT ZONE: GG: General Commercial District (PD). The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences w_rich are located on the same site as a permitted use. A wide range of uses,including.but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitted-conditionally. PROPOSED ZONE: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitted-conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; and Comprehensive Plan Policies 1,2,4,6,7-and 12. SECTION H. STAFF RECOMMENDATION Staff recommends that the Planning Commission Approve the requested Zone Change. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 1 OF 9 • • SECTION III. BACKGROUND INFORMATION Site History&Information Based on zoning maps, the site was not within the Tigard City Limits in 1981. A 1983 Zoning Map shows the site within Tigard and zoned GG (PD) as it is now. These maps show that several adjacent parcels were brought in at the same time under the same zoning. No files could be found pertaining to the annexation or why the parcels were zoned with a Planned Development overlay. A search of City records did not uncover any land use applications that are not related to the applicant's plans to develop the site. Tax lot 4300 had several Code E nforcement Actions for an illegal business that has since ceased operation. Vicinity Information The site is located within the Tigard Triangle, which is an overlay zone applied to create a high quality, mixed use employment area. Design requirements for this area include building placement near the street C-ground floor window requirements and articulation along street frontages. Zoning in the area is a mix of G (PD) like the subject properties and MUE (Mixed Use Employment). Properties to the north are zoned MUE and improved with single-family homes. The site to the east is GG (PD) and site development for a proposed office building has begun on it. Across 72nd Avenue and Dartmouth Street the properties are also zoned C-G (PD). On the northwest corner of the intersection is an existing retail plaza. All other properties at the intersection are vacant. Many of the sites within the Triangle are being re-developed and converted from residential to commercial uses. Site Information and Proposal Description The two parcels within the proposed zone change total approximately one acre, but the future development site also includes two parcels to the north. That site area, including all four parcels, is about 1.65 acres. No sensitive lands exist on the site. Both parcels slope gently to the southwest. ')here are a few trees remaining on the southernmost parcel,tax lot 4402. The applicant is requesting approval to change the existing zone from General Commercial with Planned Development overlay {GG (PD)} to General Commercial (GG) with no PD overlay. Plans are to build a new commercial development. Any proposed development must still meet all applicable development standards and the design requirements outlined for sites within the Tigard Triangle. Other options were considered to address the PD overlay, including development under the PD criteria, change the entire site to MUE through a Comprehensive Plan Amendment/Zone Change or modify the PD code addressing the difficulty of developing a commercial site under the current standards. Summary of Issues • Removal of the Planned Development overlay is not out of compliance with any Comprehensive Plan policies as shown in this report. • Since the site was originally zoned changes have occurred to the development code that make the PD overlay irrelevant or redundant. These include the adoption of the Tigard Triangle design standards and recent revisions to the Planned Development chapter. • Purpose statements of the Planned Development chapter speak to increased open space, preservation of existing landscape and amenities, walkable communities and unique neighborhoods. The purpose statement of the Tigard Triangle includes some of the same design pnnciples. For this site there is little landscaping and no natural feature such as a stream or wetland to protect. • Open space for such a small site is not normally practical. Staff believes the requirement for open space in commercial and industrial PDs, especially for small parcels, was an oversight. The Planning Commission and PD Committee focus was on residential development durin the code revision. Open space requirements for commercial and industrial development were not discussed. Including these types of development in the open space requirement was an oversight. The two parcels zoned PD are approximately one acre. Land will be dedicated along 72nd and Dartmouth to install street improvements and provide reserve right-of-way for signalization improvements to the busy intersection at 72nd and Dartmouth. These dedications decrease the usable area of the site. STAN-REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 2 OF 9 • • • Planned Developments approved in the GG (PD) zone include Costco, Babies R Us and the Win Co shopping center. These sites are all 6 acres or more, are within or near sensitive lands and were approved prior to the adoption of the Tigard Triangle and revised PD standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Statewide Planning Goals, Metro Urban Growth Management Plan and Metro Regional Framework Plan Policies are not applicable to this land use decision; N'o changes are proposed to the Comprehensive Plan and the land use action requested is not legislative. Tigard Development Code Chapter 18.380 Section 18.380.030.A states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. Section 18.380.030.B states that a recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. Both GG (PD) and GG zoning are treated as General Commercial under the Tigard Comprehensive Plan. The applicable Comprehensive Plan Polices are as follows: COMPREHENSIVE PLAN POLICIES 1. GENERAL POLICIES 111a The city shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Implementation Strategies 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will i reflect the plan policies and apply land use categories in the following manner. f. General Commercial- Refers to areas for auto-oriented and related commercial uses located along major trafficways. The applicable zoning district is General Commercial (C-G). The proposed zone change from C-G (PD_) to GG complies with the Comprehensive Map designation of "General Commercial" because the GG zoning district implements the General Commercial Comprehensive Plan Designation. Removal of the PD overlay would not amend the comprehensive plan and is not a legislative change. 2. CITIZEN INVOLVEMENT: 2.1.1 The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 26, 2007 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, three neighbors were in attendance. Discussion related to the necessity of the proposed zone change and the relevance to the future development. No objections were given to the proposed zone change. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 3 OF 9 • • a In addition,the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, and published notice of the hearing pursuant to TDC 18.390.050 for Type III Procedures. FINDING: With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. 4. AIR, WATER AND LAND RESOURCES QUALITY: 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, • state and regional water quality standards, including those contained in the Clean Water Services' Design and Construction anual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii, policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency(prior to the approval of a land use proposal) that all applicable standards can be met. Removal of the PD overlay will not change the standards related to water quality or noise standards. All new developments within the City of Tigard are required to collect and treat storm run-off water for the site utilizing_Clean Water Services design standards. Noise level allowances are regulated by the Tigard Municipal -Code 7.40.130 through 7.40. 210. During pre-application meetings held for future site development, the applicant has proposed retail and office uses. These are not uses which create excessive noise. They are also the same type of uses already existing on many surrounding. properties as the neighborhood continues to change from residential to commercial. Buffering will be required where future commercial development occurs adjacent to a residential use. 5. ECONOMY: 5.1 The City shall promote activities aimed at the diversification of the economic o porturuties available to Tigard residents with particular emphasis placed on the growth of the local job market. Because the underlying zone remains General Commercial, all the allowed uses will be the same. The PD overlay does not provide more growth opportunities for the local job market. Due to the constraints outlined within the PD code, the applicant states that removal of the PD will allow the site to develop in a manner that will increase economic activity. 5.4 The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. There are residential uses northeast of the site. The area is currently zoned for commercial development and many sites in the area have been re-developed with commercial uses. Any proposed commercial development on the site will not be encroaching into residential zones. Buffering and screening will be required next to these existing residences if the site is developed with a commercial use. FINDING: The proposed zone change is consistent with the applicable Economic policies. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 4 OF 9 • • 7. PUBLIC FACILITIES AND SERVICES: 7.1.2 The City shall require as a pre-condition to development approval that; a. Development coincide with the availability of adequate service capacity including: 1. Public water, 2. Public sewer shall be required for new development within the city unless the property involved in over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. According to City maps, storm, sanitary sewer, and water are all available at the corner of 72nd and Dartmouth. The proposed use of the site, subject to approval of this zone change request, will undergo site development review to ensure that public facilities and services are adequate, capable of serving the properties, and designed to city standards. FINDING: The proposed zone change is consistent with the applicable Public Facilities and Services policies. 8. TRANSPORTATION: Transportation System 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. c. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by a. The development of and implementation of public street standards that recognize the multi-purpose nature ofpthe street right-of-way for utility, pedestrian, bicycle, transit,truck and auto use. b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway. d. Construction of sidewalks on all streets within Tigard. All schools parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle and pedestrian plans which link to recreational trails. f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. g. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. h. Tigard will support the development of a commuter mil system as part of the regional transit network. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 5 OF 9 • • 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. b. Set parking ratios to provide adequate parking,while providing an incentive to limit the use of�e single occupant vehicle. c. Encourage working with other transportation providers in Washington County, including Tri-Met, Metro and ODOT to develop, operate and maintain intelligent transportation systems, including coordination of traffic. 8.2 Trafficways 8.2.1 The city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8.2.2 The city shall provide for efficient management of the transportation planning process within the city and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. 8.2.3 The city shall require as a precondition to development approval that: A. Development abut a publicly dedicated street orhave adequate Access approved by the appropriate approval authority; B. Street right-of-way be dedicated where the street is substandard in width; C. The developer commit to the construction of the streets, curbs And sidewalks to city standards within the developmen D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts- E. Street improvements be made and street signs or signals lie provided when the development is found to create or intensify a traffic hazard; F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons; and H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. The Transportation Goal policies and implementation strategies are largely directed at the City and include objectives that create the framework for ensuring that the transportation system is adequate for all modes of travel at the time development occurs. These objectives are implemented by the 'Development Code standards that apply during development review. objectives of the minimum requirements for streets, access or parking would be different if the site were developed as a Planned Development. As stated in the applicant's narrative,the proposed subsequent development will require a traffic study. At a minimum this study must address site distance for access points, peak period vehicle trips and the development's affect on nearby entry/exit ramps for Interstate 5. The City will require additional dedication of land and street improvements to meet current standards along. Clinton Street, Dartmouth Street and 72nd Avenue. In addition funds will be collected that will contnbute to the signalization of the Dartmouth/68th intersection and Dartmouth/72nd intersection. However,these requirements will be addressed under Site Development Review. The future commercial project is likely to generate increased transit ridership. Tri-Met bus route 78 serves the subject site with a bus stop located at the intersection of 68th Parkway and Dartmouth Street. Any future development must include pedestrian connections such as a sidewalk or plaza. Sidewalks are currently not constructed to connect this site with the bus line along 68th Parkway, but will happen with future development. All on-site parking and circulation for any proposed development will be done to City specifications as required by the Tigard Development Code. Maximum parking regulations will limit the amount of parking provided to encourage use of alternative modes of transportation. FINDING: As shown in the foregoing analysis, the City's Comprehensive Plan Transportation Polices have been met. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CI-IANGE PAGE 6 OF 9 i • • 9. ENERGY: 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design and construction. IMPLEMENTATION STRATEGIES 3. The City shall locate higher densities and intensities of land use in proximity to existing and potential transit routes specifically with convenient access to federal and state highways, arterials and major collector streets. 8. The City shall coordinate with and support public and private planning efforts that advocate alternative forms of transportation such as mass transit, carpooling, ride share, bicycling and walking for commuter purposes. The site is located at the corner of 72nd Avenue and Dartmouth Street which is within 1/4 mile of an I-5 interchange. State Highway 99 is less than lh mile to the north. Another arterial (68th Parkway) is within two blocks of the site. The proposed removal of the PD overlay would not change the allowed uses on the site. Tigard Development Code standards such as maximum parking and required bicycle parking will encourage the use of alternative forms of transportation. These criteria are reviewed during the Site Development Review process. FINDING: The proposed zone change will have no effect on the efficient use of the transportation system to conserve energy and will remain consistent with the applicable Energy policies. 12. LOCATIONAL CRITERIA: 12.2 COMMERCIAL 12.2.1 The City shall: a. Provide for commercial development based on the type of use,its size and required trade area. b.Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores,vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale 1' Trade Area. Varies. 24 Site Size. Depends on development. 3) Gross Leasable Area. Varies. B. ocational Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing.and protected traffic volumes, the speed limit, number of turning movements arid the traffic generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 7 OF 9 e • (3) Site Characteristics (4) ia) The site shall be of a size which can accommodate present and projected uses. b) The site shall have high visibility. mpact Assessment (a)TT he scale of the project shall be compatible with the surrounding uses. (b) The site configuration and charactenstics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site is not located near residential zones although residential uses do currently exist near the site. Because the site is at the intersection of a collector and an arterial access is not required through a residential neighborhood. The site is appropriate for some uses allowed in the GG zone such as office and less intense retail uses. The site is approximately 1.65 acres, including two parcels to the north zoned MUE. Buffering will be required along any parcels currently used as residences. The proposed lighting will be reviewed during Site Development Review to insure there are no adverse off-site impacts. The lot coverage, site design standards, and landscaping requirements of the Tigard Development Code will limit the scale of the development. The site slopes to the northeast but does not contain any unique natural features that should be considered in the development plan. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and The proposed zone change does not include a specific development.proposal at this time. However, during Site Development Review, any new development will be required to meet all of the current Tigard Development Code standards of the GG zone. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Staff reviewed the zoning history of the site utilizing old zoning maps and searching City records. The site was shown on a 1981 zoning map as outside the city limits. A1984-zoning map shows the site zoned GG (PD). No City records were found pertaining to the annexation or zoning of the parcels. The applicant states that the City was experiencing development of the area west of 72nd and utilized the PD overlay as a way to ensure hig_a-quality development in the area. In 1999 the City adopted the Tigard Triangle Design Standards for the area lying between Highway 99 Interstate 5 and Highway 217. These standards adopted guiding principles to create a high-quality mixed use employment area, provide a convenient pedestrian and bikeway system and utilize streetscapes for a quality image. Over the years the Triangle area has been redeveloping into an area with larger retail uses such as Costco and WinCo grocery along with large and small scale office buildings. In 2006 the City adopted revisions to the Planned Development chapter of the Tigard Development Code. These changes included a requirement to provide shared open space (20% of the gross site area). The open space can consist of minimal, passive or active use facilities. The applicant states that the amendments to the PD chapter are not relevant to commercial development, particularly on sites without unusual development constraints. FINDING: The foregoing analysis demonstrates that there has been a significant change in the neighborhood now known as the Tigard Triangle. Removal of the Planned Development overlay does not result in an inferior development. The design standards put in place through the adoption of the Tigard Triangle insure high quality development. There is no apparent evidence of a mistake or inconsistency in the comprehensive plan or zoning map. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 8 OF 9 .1 . • SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has no objections. The Tigard Police were notified of the proposed amendment and have no objections to it. The Tigard Long Range Planning Division, the Engineering Division, bClean Water Services, and Metro were notified of the proposed amendment but did not respond. SECTION VI. STAFF ANALYSIS AND CONCLUSION Based on the information above the proposed zone change complies with the applicable Comprehensive Plan policies. Staff finds that the proposed zone change from GG (PD) to GG does not reduce the likelihood of a high-quality development on the site. The design standards adopted for the Tigard Triangle will provide pedestrian scale development. Required pedestrian connections and bike lanes will increase accessibility and encourage use of public transportation and bicycles. Design standards that require the buildings be placed at intersections the parking is p rovided along the side or rear, and the creative use of building materials and architecturac design to produce neighborhood character. In the early 1990's Staff was proceeding to remove the PD overlay for existing zones since the PD process was largely redundant. Reassignment of priorities discontinued that process. The element of open space is not specifically addressed by the Triangle standards, but at least fifteen percent of the site must be landscaped to meet GG standards. The applicant writes that the PD standards are not readily applicable to commercial sites without unusual development constraints. Staff believes this is an inadvertent consequence of drafting code language that was intended for residential development. The subject site is approximately 1.65 acres including the two parcels zoned MUE. Each parcel is currently developed with a single-family residence. There are no natural features of amenities on the site that would easily be preserved as open space for the neighborhood. Prior to the PD revisions and adoption of the Triangle standards, three other sites were approved through the PD process. These were all large sites of at least 6 or more acres and included or were adjacent to sensitive lands. This site is approximately one acre and has no unique natural features. Staff recommends the Planning Commission approve the requested zone change to remove the Planned Development overlay. A July 27,2007 PRED BY: Cheryl Caines DATE Associate Planner • e44 July 27,2007 APPROVED BY: Dick Be dorff DATE Planning Manager c\cutpin\cheryl\ZON\TLB,LLC Zone Change(ZON2075-00008)\ZON2007-00008 staff report STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 9 OF 9 / ) . CITY of TIGARD • \ ell . \ GEOGRAPHIC INFORMATION SYSTEM. QPG7 . VICINITY MAP •' _ ' ► ST ZON2007--0 0008 _ PB I l w PLANNED , RAYLCR • ST DEVELOPMENT . --c--------- L.i.i OVERLAY ZONE . Q tlCHANGE Q LEGEND: • ST I =mill ~ / SI'Z'E / . :V•RSF_R' . �o�,,s /€4 F `I DARTMOUTH ST ��BUR MT , Q B .1.: t . �P • •S BEEF BEHO BOI . Mit .. . . Q • Tigard Area Map .. N ELMHURST ST 0 100 200 300 400 500 Feet Ni• • 1"=384 feel Q w ::3 HER INN C MOS _ ... . ... ,, •. . ...,, ■ iiiiir :T.IGA1iD, n ral location only and Information on this map is for gee Y . . f RAVKLI U ST should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 B EVELgND RD (503)639-4171 http:11www.G.ligard.or.us -� Plot date:Jul•19,2007;C:\magic\MAGIC03.APR Community Development w NOTICE TO MORTGAGEE,LOLDER,VENDOR OR SEAR THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD "RE-ISSUED" PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, AUGUST 6, 2007 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: THIS NOTICE IS BEING RE-ISSUED TO REFLECT THE CORRECT TAX LOTS ON THE MAP ON THE BACK SIDE OF THIS NOTICE THAT ARE ASSOCIATED WITH THIS ZONE CHANGE. ALL OTHER INFORMATION REMAINS THE SAME. FILE NO.: ZONE CHANGE (ZON) 2007-00008 (Type IIIB Land Use Decision) FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE APPLICANT & TLB,LLC APPLICANT'S T.M.Rippey Consulting Engineers OWNER: Attn:James j. Lampus REPRESENTATIVE: Attn: Lans Stout P.O.Box 25716 7650 SW Beveland Street, Suite 100 Portland, OR 97298 Tigard,OR 97223 REQUJST: The applicant requests a zone change from GG (PD) to GG for twoparcels located on the NE corner of SW 72 Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development stancards including the Tigard Triangle design criteria. LOCATION: 11930&11990 SW 72`x Avenue;WCTM 1S 136DC,Tax Lots 4300 &4402. CURRENT ZONING: C-G: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a City-wide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities heliports, medical centers, rigor event entertainment, and gasoline stations, are permitted conditionally. Planned Development (PD) Overlay. The purwses of the planned development overlay zone are to provide a means for property development thhat is consistent witgard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and to provide such added benefits as increased natural areas or open space in the City alternative building designs walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods.,(by varying the housing styles through architectural accents,use of open space,innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent.possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site, within the limits of density requirements which will balance the interests of the owner, developer, neighbors, and the City; and to provide a means to better relate the built environment to the natural environment trough sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Cat- wide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports,medical centers,major event entertainment,and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Cha ters 18.350, 18.380, 18.390 and 18.520• City of Tiard Comprehensive Plan Policies 1 2,4, 6 7 and 12• The Metro Urban"Growth Management Plan Titles 1, 8 and 12;Metro'1 egional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2,3,4,5,7, 8,9, 11 and 12. THE PUBLIC HEARING ON THIS t.1'ER WILL BE CONDUCTED IN ACCOOANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 ODD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRI 1 EN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI"1-1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE AC11ON ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AF 1ER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING(ORS 197763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST,ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLIC ABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST,OR A COPY CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25 )PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL CAINES AT 503-639-4171, AT TIGARD CITY HALL AT 13125 S_W� HALL BOULEVARD,TIGARD,OREGON 97223,OR BY EMAIL TO cherylc( tigard-or.gov. •7" ','.'/ mimpip VICINTTS^MAP ST • '` '' -■ '� ZON200--00008 a „-, 05,11 TLB LLC. PEVELOD sr DE6�LOPJENT II.1IR �IL��E Z LEGEND: -""'-:■ _ SUBJECT WM iii Mill 771111111 III �` QT`' ,,,...i. mi,,,, n i a. rmi LI,Illill1WN Nora.■,off v - �:�.- r-_ TICA- Nr ma...............r Imtmo ■ _ I= :-.... • • SELLER: TO MORTGAGEE,LIENHOLDER,VENDO R OR SEL THE TIGARD DEVELOPMENT OODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER 114: 1 - TIGARD PUBLIC HEARINGNOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, AUGUST 6, 2007 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE (ZON) 2007-00008 (Type IIIB Land Use Decision) FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE APPLICANT & TLB,LLC APPLICANT'S T.M.Rippey Consulting Engineers OWNER Attn:James Lampus REPRESENTATIVE: Attn: Lans Stout Box ox 25 16 7650 SW Beveland Street, Suite 100 Portland, OR 97298 Tigard,OR 97223 REQUUST: The applicant requests a zone change from GG (PD) to GG for two parcels located on the NE corner of SW 72 Avenue and SW Dartmouth Street. Removal of the Planned Development(PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities heliports, medical centers, ma or event entertainment, and gasoline stations, are permitted conditionally. Planned Development (PD)_Overlay. The purwses of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the Qty, and to provide such added benefits as increased natural areas or open space in the City alternative building designs walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods,by varying the housing styles through architectural accents,use of open space,innovative transportation facilities) which retain their character and city benefits, while respecting the characteristics of existing ne transportation through appropriate buffering and lot size transinoning; and to preserve to the greatest extent,possible �e existing landscape features and amenities (trees, water resources, ravines, etc.) through the, use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site, within the limits of density requirements which will balance the interests of the owner, developer, neighbors, and the City; and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non-conforring, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of.uses, including but not limited to adult entertainment, automotive equipment repair and storage mini-warehouses, utilities, heliports,medical centers,major event entertainment,and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520• City of T and Comprehensive Plan Policies 1 2,4,6 7 and 12- The Metro Urban Urowth Management Plan Titles 1, 8 and 12;Metro gional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2,3,4, 5, 7,8,9, 11 and 12. THE PUBLIC HEARING ON THIS MA TIER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES A AVAILABLE FOR PERSONS WITH ID HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRI1•1EN TESTIMONY ON THIS PROPOSED ACI'1ON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'f1'EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE AC11ON ON THE APPLICATION. • IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING(ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LE I:1'ER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST,ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 )PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST,OR A COPY CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25G)PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL CAINES AT 503-639-4171, AT TIGARD CITY HALL AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223,OR BY EMAIL TO cherylaatigard-or.gov. 1CITY oI TIG.RG ■, ,, VICINITY MAP PIP ST M � ZON2007-0000S •111111111;a1•: ST ¢ TLB,LLC - PLANNED 11111 OVERLAI'ZONE __ i! = CHANGE 1110 ST ,IIII • LEGEND:�F 111 / SITE DARTMOUTH . -"-y.i•12. ,...... ,, Q N . HURST ST . . I..^ • .•. >» .. ile.2 Ell ' .. I=- TIGACA RD REQ VEST Fcg COMMeNTS - OM 1THG'�MO REQUEST FOR COMMENTS DATE: July 10,2007 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM City of Tigard Planning Division STAFF CONTACT: Cheryl Caines Assistant Planner(x2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc(citigard-or.gov ZONE CHANGE (ZON) 2007-00008 - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE - REQUEST: The applicant requests a zone change from GG(PD)to C-G for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development(PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930&11990 SW 72nd Avenue:WCTM 1S136DC,Tax Lots 4300&4402. CURRENT ZONING: GG:General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Gty-wide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage,mini-warehouses,utilities,heliports, medical centers,major event entertainment,and gasoline stations,are permitted conditionally. Planned Development(PD) Overlay. The purposes of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and to provide such added benefits as increased natural areas or open space in the City, alternative building designs,walkable communities,preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods (by varying the housing styles through architectural accents,use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review,then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site,within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City;and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.385, 18.390, 18.520 and 18.740;Comprehensive Plan Policies 1,2,4,6,7 and 12;The Metro Urban Growth Management Plan Titles 1,8 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2,3,4,5,7,8,9, 11 and 12. Attached are the 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: JULY 24,2007. 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. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PIEASE 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: NAAC 1510 I Name&Number of Person Commenting: CleanWater Services RECEIVED PLANNING Our commitment is clear. JUL 2 4 2007 CITY OF TIGARD MEMORANDUM DATE: July 20, 2007 FROM: David Schweitzer, Clean Water Services TO: Cheryl Caines, Assistant Planer City of Tigard SUBJECT: Review Comments—ZON 2007-00008, 1S1 36DC-04300& 04402 GENERAL COMMENTS • This Land Use Review by Clean Water Services (District) does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District,prior to issuance of any connection permit, must review and approve final construction plans. • All provisions of the development submittal shall be in accordance with the most current Clean Water Services (CWS) Design and Construction Standards, presently Resolution and Order No. 07-20 (R&O 07-20), and all current Intergovernmental Agreements between the City and CWS. • Final construction plans must be reviewed and approved by CWS for conformance with current Design and Construction Standards. • A Stormwater Connection Permit shall be issued by CWS prior to construction of sanitary sewer, storm and surface water systems. SANITARY SEWER • A public sewer extension shall be required for future development on these tax lots in accordance with current CWS Design and Construction Standards. • Each lot shall be provided with a gravity service lateral and direct connection to the public sanitary sewer. The service lateral must connect directly to a public sewer located within public right-of-way or public sewer easement and adjacent to the parcel. The service lateral cannot cross an adjacent parcel. STORM DRAINAGE AND WATER QUALITY • Each lot in future development shall be provided with an individual connection to a public storm conveyance system. 2550 5W Hillsboro Highway• Hillsboro, Oregon 97123 Phone:(503)681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org s • • • • A hydraulic and hydrological analysis of the existing drainage and downstream storm conveyance system, in accordance with current CWS Design and Construction Standards is required. The applicant is responsible for mitigating downstream storm conveyance if the existing system does not have the capacity to convey the runoff volume from the 25 —year, 24—hour storm event. • Treatment of storm runoff from public right-of-way or more than one tax lot shall require a public water quality facility in accordance with current CWS Design and Construction Standards. The Developer shall provide a public water quality facility to treat all impervious surfaces being constructed or preserved as part of future development. The proposed water quality treatment facility shall be a CWS standard facility for water quality treatment per current Design and Construction Standards. The facility shall be placed in a separate `Tract' with public easements and not part of any buildable lot. • Maintenance access shall be provided for water quality and/or detention facilities in accordance with current Design and Construction Standards. SENSITIVE AREA • CWS Sensitive Area Pre-Screening Site Assessment, File No. 07-001540, dated May 16, 2007 has been provided for this site (Tax/Map 1S1 36DC 04300& 04402 as well as 04100 and 04200). This project will not significantly impact the existing or potentially sensitive area(s)found near the site. This letter will serve as the Service Provider Letter(SPL) for this site. Development of this site shall be in accordance with all provisions and conditions of this SPL. EROSION CONTROL • Provide erosion control in accordance with current CWS Design and Construction Standards. All sites exceeding one acre shall require an NPDES 1200C permit. • RECE( D III :,,,P, " JUL. 2; 1 2007 TUALATIN VALLEY Ir fronD REQUEST FOR ttMMINTS DATE: July 10,2007 TO: Tualatin Valley Water District Administrative Offices FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines Assistant Planner(x2437 Phone: (503) 639-4171 Fax: (5)03) 624-3681 Email: cherylc @ tgard-or.gov ZONE CHANGE (ZON) 2007-00008 - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE - REQUEST: The applicant requests a zone change from GG(PD) to GG for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development(PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930&11990 SW 72nd Avenue:WCTM 1S136DC,Tax Lots 4300&4402. CURRENT ZONING: GG:General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage,mini-warehouses,utilities,heliports, medical centers,major event entertainment,and gasoline stations,are permitted conditionally. Planned Development(PD) Overlay. The purposes of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and to provide such added benefits as increased natural areas or open space in the City, alternative building designs,walkable communities,preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods (by varying the housing styles through architectural accents,use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review,then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site,within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City;and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG:General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.380, 18.385, 18.390, 18.520 and 18.740;Comprehensive Plan Policies 1,2,4,6,7 and 12;The Metro Urban Growth Management Plan Titles 1,8 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2,3,4,5,7,8,9, 11 and 12. Attached are the 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 ana 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: JULY 24,2007. 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. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: --- (o..1 trim r _)-Ad t cR� 0'7h 7/a 7 Name&N ero on Co en :� • • TrilaA10 REQUEST FOR COMMENTS DATE: July 10,2007 TO: PER ATTACHED FROM City of Tigard Planning Division STAFF CONTACT: Cheryl Canes Assistant Planner(x2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylcCaltigard-or.gov ZONE CHANGE (ZON) 2007-00008 - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE '• REQUEST: The applicant requests a zone change from GG(PD)to GG for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development(PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930&11990 SW 72nd Avenue:WCTM 1S136DC,Tax Lots 4300&4402. CURRENT ZONING: GG:General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage,mini-warehouses,utilities,heliports, medical centers,major event entertainment,and gasoline stations,are permitted conditionally. Planned Development(PD) Overlay. The purposes of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and to provide such added benefits as increased natural areas or open space in the City, alternative building designs,walkable communities,preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods (by varying the housing styles through architectural accents,use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives,conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site,within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City,and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally: APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.380, 18.385, 18.390, 18.520 and 18.740;Comprehensive Plan Policies 1,2,4,6,7 and 12;The Metro Urban Growth Management Plan Titles 1,8 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2,3,4,5,7,8,9, 11 and 12. Attached are the 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: JULY 24,2007. 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. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: I Name&Number of Person Commenting: . WY OF TIGARD REQUEST FOR rOMMENTS i L , , 0-C--- NOTIFICA LIST FOR LAND USE & COMMUNITY DEWEOPMENT APPLICATIONS FILE NOS.: Z O N a001-17000 0 FILE NAME: 7a n CI-J p a='-h"/0,41,k_ Zrvt&. CLta4T- CITY OFFICES IA'IL LONG RANGE PLANNING/Ron Bunch,Planning Mgr. CURRENT PLANNING/Todd Prager/Arborist /POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Mark(residential)Brian(commercial) NGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer 2 HEARINGS OFFICER(+2 sets) /� _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer PLANNING COMMISSION/GRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS /TUALATIN_ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* VALLEY WATER DISTRICT* '✓CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Marvin Spiering/SWM Program a 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. _ Joanna Mensher,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 it CWS Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) Mara Ulloa(Comp.Plan Amendments A Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager .N,4 C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 l 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue . _CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(General Apps.) Lake Oswego,OR 97034 _Planning Division(ZCA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(Vacations) _Sr.Cartographer(CPA/ZCA)MS 14 1900 SW 4w Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(zcA)MS 1s 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"(Monopole Towers) Sam Hunaidi,Assistant Distract Manager (Notify if ODOT FUR-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 555-13`h 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 Northern/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/seems for Area contact) (If Project is Within%Mde 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 (MC030533) _QWEST COMMUNICATIONS 0 Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,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 tor Area confact) Brian Every(Apps E.mwom.aesw) 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 1R INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL C CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 6-Jun-07) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this documet OP 4111 • . - • , COMMUNITY SPAPERS 11„,,, q CITY OF TIGARD OREGON 6605 SE Lake Road, Portland,OR 97222• PO i ' Box 22109•Portland, OR 97269 • - ._ - Phone:503-684-0360 Fax: 503-620-3433 ' T I G A R D Email: legals @commnewspapers.com PUBLIC HEARING ITEM The following will be considered by the Tigard Planning Commission on Monday August 6.2007 at 7:00 PM at the Tigard AFFIDAVIT OF PUBLICATION , Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. State of Oregon, County of Washington, SS . Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopt- I, Charlotte Allsop, being the first duly sworn, ed by the Planning Commission and City Council and available at depose and say that I am the Accounting City Hall or the rules of procedure set forth in Chapter 18.390. Manager of The Times(serving Tigard, Testimony may be submitted in writing prior to or at the public Tualatin & Sherwood), a newspaper of hearing or verbally at the public hearing only. Failure to raise an general circulation, published at Beaverton, in issue in person or by letter at some point prior to the close of the the aforesaid county and state, as defined by ' hearing accompanied by statements or evidence sufficient to ORS aforesaid 0 and 193.020, that afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community City of Tigard Development Code or Comprehensive Plan at which a comment is Zone Change 2007-00008 directed precludes an appeal based on that criterion. TT10997 A copy of the application and all documents and evidence submit- ted by or on behalf of the applicant and the applicable criteria are a copy of which is hereto annexed, was available for inspection at no cost. If you want to inspect the file, please call and make an appointment with either the project plan- published in the entire issue of said ner or the planning technicians. A copy of the staff report will be newspaper for made available for inspection at no cost at least seven (7) days 1 prior to the hearing,and copies for all items can also be provided weeks in the following issues at a reasonable cost. July 19, 2007 Further information may be obtained from the Planning Division (staff contact: Cheryl Caines, Associate Planner) at 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-639-4171,or by email to cherylc @tigard-or.gov. Urar Co p�c ZONE CHANGE(ZON)2007-00008 Charlotte Allsop(Accounting Man er) -TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE- July19, 2007 REQUEST: The applicant requests a zone change from C-G(PD) to C-G for two parcels located on the NE corner of SW 72 Avenue and SW Dartmouth Street. Removal of the Planned Development(PD)overlay eliminates the requirement for a public fj� 6. hearing process and to meet current PD standards. Any future NOTARY PUBLIC FOR ORW development must still meet all other applicable development stan- My commission expires dards including the Tigard.Triangle design criteria. LOCATION: 11930 & 11990 SW 72nu Avenue: WCTM 1S136DC, Tax Lots 4300&4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE Acct#10093001 REVIEW CRITERIA: Community Development Code Chapters Patricia Lunsford 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies City of Tigard 1, 2,4, 6, 7 and 12;The Metro Urban Growth Management Plan 13125 SW Hall Blvd. Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 Tigard, OR 97223 and 8.3;and Statewide Planning Goals 1,2,3,4,5,7,8,9, 11 and g 12. Publish 07-19-2007 TT10997 Size:2 x 11.25 _ _ _ - 1 T Amount Due$187.87 ! i — — � ',to I I) ' — N7FIN:'IV 'Remit to address above L:::::::? _ il[-i.r..,I i _ 1 I i- u —t L ZONE?- U9 n TLB LLC J ! I J fflf Wr i- DEVELOPMENT LANNED (} OVERLY ZONE f i c IANC;F rj — j— CAW _ _i_, . N - I -a-Iris._ %/% 1 iii 21 , --- 1 i ,rl JjiHjir'.1111::,]:i I --J---1- i -I ? 1 -t 1 3 ..._ 1---1 ---__ -- `ia- --- -`->At J i� � �.? �,.� ..;:m ,,�> r -- • , COMMUNITY SPADE S CITY OF TIGARD R OREGON 6605 SE Lake Road, Portland, OR 97222•PO . Box 22109•Portland, OR 97269 - •Phone:503-684-0360 Fax:503-620-3433 ' T I G A R D Email: legals @commnewspapers.com PUBLIC HEARING ITEM The following will be considered by the Tigard Planning Commission on Monday August 6,2007 at 7:00 PM at the Tigard AFFIDAVIT OF PUBLICATION 1 Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. State of Oregon, County of Washington, SS 'l yLl - and 8 ;and StafeWlde-Inantung 1_rver. 1,-L,J,-i, ✓, /, V, -, -- 12.Publish 07-19-2007 TT10997 I, Charlotte Allsop, being the first duly sworn, — _ - _ depose and say that I am the Accounting = - T `^ " g II — t i viciri...... Manager of The Times(serving Tigard, -=_. — _1 ■ Tualatin & Sherwood), a newspaper of _ - 1 _ i_ J Li_ ._ , u�rr�� rn--- general circulation, published at Beaverton, in -' r i � � ! I _ PLD LD _ �� — r DEVELOPMENT the aforesaid county and state, as defined by _ J ' l .3 0IANGK ZONE ORS 193.010 and 193.020, y j _I -' -_{ �:,,.��<;�: that � -_ � _ t City of Tigard _ - ,/ l -� �-r;iii- - �f/� 5 , Zone Change 2007-00008 ; '-" -' -' --' a j m~ TT10997 ........... L Il a copy of which is hereto annexed, was a' — - i =� ' published in the entire issue of said a' w """" o i ----- `� newspaper for r 1 Xi 1f----1 : T W, - , - El i weeks in the following issues 1! , -b ._---- I ) i - 1E! July 19, 2007 g -n :1 1 j_1.1 Z. - Ca t I!0 e Charlotte Allsop(Accounting Man er) July19, 2007 OFFICIAL SEAL bw 6. '.: ROBIN A.BURGESS NOTARY PUBLIC FOR OR N� t My commission expires .. MY COMMISSION EXPIRES MAY 16,2009 Acct#10093001 Patricia Lunsford City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 x 11.25 - Amount Due$187.87 'Remit to address above ?LANNJN&- 5 EcRav9y MATERJ AL5 • f• • I AFFIDAVIT OF MAILING = UlOAIE3 I,Patricia L. Lunsford,being first dulysworn/affirm,on oath depose and say that I am an Administrative Assistant for the City of Tigard,Washington County, Oregon and that I served the following: 1 APPmf Bo Bdc.1 © NOTICE OF FINAL ORDER FOR J TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CFIANGE/Z(�N gm"7-&leo g • (File No./Name Reference) G ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (8/6/2007) ❑ Tigard City Council 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 August 21,2007,and deposited in the United States Mail on August 21,2007,postage prepaid. /ly the (Person that P 'are. •: ce) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the `Z y* day of L.J o-412....AD ,2007. () . OFFICIAL SEAL O ; KRISTIE J PEERMAN 1 NOTARY PUBLIC-OREGON t COMMISSION NO.419242 I O ARY PUBLIC F OREGON r MY COMMISSION EXPIRES JULY 28,2011 1 /2 8 l My Commission Expires: 110 DAYS = 10/16/2007 EXHIBIT., , . DATE OF FILING: 8/19/2007 DATE MAILED: 8/21/2007 CITY OF TIGARD TGAU Washington County, Oregon NOTICE OF FINAL ORDER BY THE PLANNING COMMISSION NO. 2007-04 PC • Case Number: ZONE CHANGE (ZON) 2007-00008 Case Name: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE ANGE Applicant's Name/Address: TLB;LLC Attn:James J.Lampus PO Box 25716 Portland,Oregon 97298-0716 Owner's Names/Addresses: Same as Applicant Address of Property. 11930&11990 SW 72nd Avenue Tigard,Oregon 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No. 1S136DC,Tax Lots 4300 and 4402. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE CHANGE. THE CITY OF TIGARD PLANNING COMMISSION HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, AND COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING ON AUGUST 6, 2007 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FAC,'15, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request The applicant requested a zone change from GG (PD) to GG for two parcels located on the NE corner of SW 72°1 Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. At the August 6, 2007 public hearing,the Planning Commission unanimously approved this request. Current Zoning: GG: General Commercial District with Planned Development (PD) Overlay. Applicable Review Criteria: Community Development Code Chapters 18.380, 18.390 and 18.520;and Comprehensive Plan Policies 1,2, 4, 6, 7 and 12. Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners Final Decision: THIS DECISION IS FINAL ON AUGUST 21,2007 AND BECOMES EFFECTIVE ON SEPTEMBER 6, 2007 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority 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 from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 5, 2007. Questions: If you have any questions,please call the City of Tigard Planning Division at (503) 639-4171. zt • • . NOTICE OF FINAL ORDER NO. 2007-04 PC ic BY THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON • TIGARD A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A ZONE CHANGE TO REMOVE THE PLANNED DEVELOPMENT OVERLAY. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON AUGUST 6TH, 2007. THE PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER. 120 DAYS = 10/16/2007 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change(ZON) ZON2007-00008 FILE NAME: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE PROPOSAL: .The applicant requests a zone change from GG (PD) to GG for two parcels totaling approximately 1 acre located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. APPLICANT & TLB,L.L.C. APPLICANT'S T M Rippey Consulting Engineers OWNER: Attn: Jim Lampus REP.: Attn:. Lans Stout P.O. Box 25716 7650 SW Beveland St.,Suite 100 Portland, OR 97298-0716 Tigard,OR 97223 LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC, Tax Lots 4300 and 4402. CURRENT ZONE: GG: General Commercial District (PD). The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City.wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including.but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,ancf gasoline stations,are permitted-conditionally. PROPOSED ZONE: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertauuent,and gasoline stations,are permitted-conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520;. and Comprehensive PlanPolicies 1,2,4,6,7pand 12. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 1 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • SECTION II. PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed Zone Change meets the approved standards as outlined in this Final Order and will not adversely affect the health, safety and welfare of the City. The Planning Commission,therefore,APPROVES the requested Zone Change. SECTION III. BACKGROUND INFORMATION Site History&Information Based on zoning maps, the site was not within the Tigard City Limits in 1981. A 1983 Zoning Map shows the site within Tigard and zoned C-G 'PD) as it is now. These maps show that several adjacent parcels were brought in at the same time uncer the same zoning. No files could be found pertaining to the annexation or why the parcels were zoned with a Planned Development overlay. A search of City records did not uncover any land use applications that are not related to the applicant's plans to develop the site. Tax lot 4300 had several Code E nforcement Actions for an illegal business that has since ceased operation. Vicinity Information The site is located within the Tigard Triangle, which is an overlay zone applied to create a high quality, mixed use employment area. Design requirements for this area include building placement near the street Cground floor window requirements and articulation along street frontages. Zoning in the area is a mix of G (PD) like the subject properties and MUE (Mixed Use Employment). Properties to the north are zoned MUE and improved with single-family homes. The site to the east is C-G (PD) and site development for a proposed office building has begun on it. Across 72nd Avenue and Dartmouth Street the properties are also zoned GG (PD). On the northwest corner of the intersection is an existing retail plaza. All other properties at the intersection are vacant. Many of the sites within the Triangle are being re-developed and converted from residential to commercial uses. Site Information and Proposal Description The two parcels within the proposed zone change total approximately one acre, but the future development site also includes two parcels to the north. That site area, including all four parcels, is about 1.65 acres. No sensitive lands exist on the site. Both parcels slope gentlyto the southwest. There are a few trees remaining on the southernmost parcel,tax lot 4402. The applicant is requesting approval to change the existing zone from General Commercial with Planned Development overlay {GG (PD)) to Gen Commercial (GG) with no PD overlay. Plans are to build a new commercial development. Any proposed development must still meet all applicable development standards and the design requirements outlined for sites within the Tigard Triangle. Other options were considered to address the PD overlay, including development under the PD criteria, change the entire site to MUE through a Comprehensive Plan Amendment/Zone Change or modify the PD code addressing the difficulty of developing a commercial site under the current standards. Summary of Issues ♦ Removal of the Planned Development overlay is not out of compliance with any Comprehensive Plan policies as shown in this report. • Since the site was originally zoned changes have occurred to the development code that make the PD overlay irrelevant or redundant. These include the adoption of the Tigard Triangle design standards and recent revisions to the Planned Development chapter. ♦ Purpose statements of the Planned Development chapter speak to increased open space, preservation of existing landscape and amenities, walkable communities and unique neighborhoods. The purpose statement of the Tigard Triangle includes some of the same design principles. For this site there is little landscaping and no natural feature such as a stream or wetland to protect. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 2 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • ♦ Open space for such a small site is not normally practical. Staff believes the requirement for open space in commercial and industrial PDs, especially for small parcels, was an oversight. The Planning Commission and PD Committee focus was on residential development during the code revision. Open space requirements for commercial and industrial development were not discussed. Including these types of development in the open space requirement was an oversight. The two parcels zoned PD are approximately one acre. Land will be dedicated along 72nd and Dartmouth to install street improvements and provide reserve right-of-way for signalization improvements to the busy intersection at 72 and Dartmouth. These dedications decrease the usable area of the site. ♦ Planned Developments approved in the GG (PD) zone include Costco, Babies R Us and the Win Co shopping center. These sites are all 6 acres or more, are within or near sensitive lands and were approved prior to the adoption of the Tigard Triangle and revised PD standards.. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Statewide Planning Goals, Metro Urban Growth Management Plan and Metro Regional Framework Plan Policies are not applicable to this land use decision. N'o changes are proposed to the Comprehensive Plan and the land use action requested is not legislative. Tigard Development Code Chapter 18.380 Section 18.380A30.A states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. Section 18.380.030.B states that a recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. Both GG (PD) and GG zoning are treated as General Commercial under the Tigard Comprehensive Plan.The applicable Comprehensive Plan Polices are as follows: COMPREHENSIVE PLAN POLICIES 1. GENERAL POLICIES 111.a The city shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Implementation Strategies 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply land use categories in the following manner. f. General Commercial- Refers to areas for auto-oriented and related commercial uses located along major trafficways. The applicable zoning district is General Commercial (C-G). The proposed zone change from GG (Pp) to GG complies with the Comprehensive Map designation of "General Commercial" because the GG zoning district implements the General Commercial Comprehensive Plan Designation. Removal of the PD overlay would not amend the comprehensive plan and is not a legislative change. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 3 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • 2. CITIZEN INVOLVEMENT: 2.1.1 The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 26, 2007 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, three neighbors were in attendance. Discussion related to the necessity of the proposed zone change and the relevance to the future development. No objections were given to the proposed zone change. In addition,the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, and published notice of the-hearing pursuant to TDC 18.390.050 for Type III Procedures. FINDING: With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. 4. AIR,WATER AND LAND RESOURCES QUALITY: 4.2.1 All development within the Tigard urban_planning area shall comply with applicable federal, state and regional water quality standards, including those contained in the Clean Water Services' Design and nstruction Manual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise level§will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol.Ii,policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency(prior to the approval of a land use proposal) that all applicable standards can be met. Removal of the PD overlay will not change the standards related to water quality or noise standards. All new developments within the City of Tigard are required to collect and treat storm run-off water for the site utilizin Clean Water Services design standards. Noise level allowances are regulated by the Tigard Municipal Lode 7.40.130 through 7.40.210. During pre-application meetings held for future site development, the applicant has proposed retail and office uses. These are not uses which create excessive noise. They are also the same type of uses already existing on many surrounding. properties as the neighborhood continues to change from residential to commercial. Buffering wille required where future commercial development occurs adjacent to a residential use. 5. ECONOMY: 5.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Because the underlying zone remains General Commercial, all the allowed uses will be the same. The PD overlay does not provide more growth opportunities for the local job market. Due to the constraints outlined within the PD code, the applicant states that removal of the PD will allow the site to develop in a manner that will increase economic activity. 5.4 The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 4 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • There are residential uses northeast of the site. The area is currently zoned for commercial development and many sites in the area have been re-developed with commercial uses. Any proposed commercial development on the site will not be encroaching into residential zones. Buffering and screening will be required next to these existing residences if the site is developed with a commercial use. FINDING: The proposed zone change is consistent with the applicable Economic policies. 7. PUBLIC FACILITIES AND SERVICES: 7.1.2 The City shall require as a pre-condition to development approval that; a. Development coincide with the availability of adequate service capacity including: 1. Public water; 2. Public sewer shall be required for new development within the city unless the property involved in over 300 feet from a sewer line and Washington County .Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. According to City maps, storm, sanitary sewer, and water are all available at the corner of 72nd and Dartmouth. The proposed use of the site subject to approval of this zone change request, will undergo site development review to ensure that public facilities and services are adequate, capable of serving the properties,and designed to city standards. • FINDING: The proposed zone change is consistent with the applicable Public Facilities and Services policies. 8. TRANSPORTATION: Transportation System 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. c. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature ofpthe street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway. d. Construction of sidewalks on all streets within Tigard. All schools parks, public facilities and retail areas shall strive to have direct access to a sidewalk e. . Development of bicycle and pedestrian plans which link to recreational trails. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 5 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. g. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. h. Tigard will support the development of a commuter rail system as part of the regional transit network. 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. b. Set parking ratios to provide adequate parking,while providing an incentive to limit the use of to single occupant vehicle. c. Encourage working with other transportation providers in Washington County, including Tri-Met,-Metro and ODOT to develop, operate and maintain intelligent transportation systems,including coordination of tra-fic. 8.2 Trafficways 8.2.1 The city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8.2.2 The city shall provide for efficient management of the transportation planning process within the city and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. 8.2.3 The city shall require as a precondition to development approval that: A. Development abut a publicly dedicated street orhave adequate Access approved by the appropriate approval authority; B. Street right-of-way be dedicated where the street is substandard in width; C. The developer commit to the.construction of the streets, curbs And sidewalks to city standards within the development D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts. E. Street improvements be made and street signs or signals provided when the development is found to create or intensify a traffic-hazard; F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled ersons and that the spaces be located as close as possible to the entrance designed-for disabled persons; and H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. The Transportation Goal policies and implementation strategies are largely directed at the City and include objectives that create the framework for ensuring that the transportation system is adequate for all modes of travel at the time development occurs. These objectives are implemented by the Development Code standards that apply during development review. objectives of the minimum requirements for streets, access or parking would be different if the site were developed as a Planned Development. As stated in the applicant's narrative,the proposed subsequent development will require a traffic study. At a minimum this study must address site distance for access points, peak period vehicle trips and the development's affect on nearby entry/exit ramps for Interstate 5. The City will require additional dedication of land and street improvements to meet current standards along. Clinton Street, Dartmouth Street and 72nd Avenue. In addition funds will be collected that will contnbute to the signalization of the Dartmouth/68th intersection and Dartmouth/72nd intersection. However,these requirements will be addressed under Site Development Review. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 6 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • The future commercial,project is likely to generate increased transit ridership. Tri-Met bus route 78 serves the subject site with a bus stop ocated at the intersection of 68th Parkway and Dartmouth Street. Any future development must include pedestrian connections such as a sidewalk or plaza. Sidewalks are currently not constructed to connect this site with the bus line along 68th Parkway, but will happen with future development. All on-site parking and circulation for any proposed development will be done to City specifications as required by the Tigard Development Code. Maximum parking regulations will limit the amount of parking provided to encourage use of alternative modes of transportation. FINDING: As shown in the foregoing analysis, the City's Comprehensive Plan Transportation Polices have been met. 9. ENERGY: 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design and construction. IMPLEMENTATION STRATEGIES 3. The City shall locate higher densities and intensities of land use in proximity to existing and potential transit routes specifically with convenient access to federal and state highways, arterials and major collector streets. 8. The City shall coordinate with and support public and private planning efforts that advocate alternative forms of transportation such as mass transit, carpooling, ride share, bicycling and walking for commuter purposes. The site is located at the corner of 72"' Avenue and Dartmouth Street which is within 1/4 mile of an I-5 interchange. State Highway 99 is less than l/ mile to the north. Another arterial (68th Parkway) is within two blocks of the site. The proposed removal of the PD overlay would not change the allowed uses on the site. Tigard Development Code standards such as maximum parking and required bicycle parking will encourage the use of alternative forms of transportation. These criteria are reviewed during the Site Development Review process. FINDING: The proposed zone change will have no effect on the efficient use of the transportation system to conserve energy and will remain consistent with the applicable Energy policies. 12. LOCATIONAL CRITERIA: 12.2 COMMERCIAL 12.2.1 The City shall: a. Provide for commercial development based on the type of use,its size and required trade area. b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services,large space users,a combination of retail,service,wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores,vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale 1 Trade Area.Varies. Site Size. Depends on development. 3 Gross Leasable Area.Varies. B. ocational Criteria TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 7 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • • (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and protected traffic volumes,the speed limit, number of turning movements arid the traffic generating characteristics of the various types of uses. b The site shall have direct access from a major collector or arterial street. c3 Public transportation shall be available toe site or general area. (3) ite Characteristics (4) ia The site shall be of a size which can accommodate present and projected uses. b) The site shall have high visibility. mpact Assessment a)The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site is not located near residential zones although residential uses do currently exist near the site. Because the site is at the intersection of a collector and an arterial access is not required through a residential neighborhood. The site is appropriate for some uses allowed in the C-G zone such as office and less intense retail uses. The site is approximately 1.65 acres, including_ two parcels to the north zoned MUE. Buffering will be required along any parcels currently used as residences. The proposed lighting will be reviewed during Site Development Review to insure there are no adverse off-site impacts. The lot coverage, site design standards, and landscaping requirements of the Tigard Development Code will limit the scale of the development. The site slopes to the northeast but does not contain any unique natural features that should be considered in the development plan. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and FINDING: The proposed zone change does not include a specific development proposal at this time. However, during Site Development Review, any new development will be required to meet all of the current Tigard Development Code standards of the GG zone. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. - Staff reviewed the zoning history of the site utilizing old zoning maps and searching City records. The site was shown on a 1981 zoning map as outside the city limits. A1984-zoning map shows the site zoned GG (PD). No City records were found pertaining to the annexation or zoning ot-the parcels. The applicant states that the City was experiencing development of the area west of 72nd and utilized the PD overfay as a way to ensure high-quality development in the area. In 1999 the City adopted the Tigard Triangle Design Standards for the area lying between Highway 99 Interstate 5 and Highway 217. These standards adopted guiding principles to create a high-gutty mixed use employment area, provide a convenient pedestrian and bikeway system and utili7.e streetscapes for a quality image. over the years the Triangle area has been redeveloping_into an area with larger retail uses such as Costco and WinCo grocery along with large and small scale ofice buildings. TLB,LLC ZONE CHANGE RON2007-00008) PAGE 8 OF 10 PLANNING OOMMISSION FINAL ORDER NO.2007-04 PC • • In 2006 the City adopted revisions to the Planned Development chapter of the Tigard Development Code. These changes included a requirement to provide shared open space (20% of the ross site area). The open space can consist of minimal, passive or active use facilities. The applicant states that the amendments to the PD chapter are not relevant to commercial development,particularly on sites without unusual development constraints. FINDING: The foregoing analysis demonstrates that there has been a significant change in the neighborhood-now known as the Tigard Triangle. Removal of the Planned Development overlay does not result in an inferior development. The design standards put in place through the adoption of the Tigard Triangle insure high quality development. There is no apparent evidence of a mistake or inconsistency in the comprehensive plan or zoning map. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has no objections. The Tigard Police were notified of the proposed amendment and have no objections to it. The Tigard Long Range Planning Division, the Engineering Division, Clean Water Services and Metro was notified of the proposed amendment but did not respond. SECTION VI. STAFF ANALYSIS Based on the information above the proposed zone change complies with the applicable Comprehensive Plan policies. Staff finds that the proposed zone change from GG (PD) to GG does not reduce the likelihood of a high-quality development on the site. The design standards adopted for the Tigard Triangle will provide pedestrian scale development. Required pedestnan connections and bike lanes will increase accessibility and encourage use of public transportation and bicycles. Design standards that require the buildings be placed at intersections the.parking is provided along the side or rear, and the creative use of building materials and architectural design to produce neighborhood character. In the early 1990's Staff was proceeding to remove the PD overlay for existing zones since the PD process was largely redundant. Reassignment of priorities discontinued that process. The element of open space is not specifically addressed by the Triangle standards, but at least fifteen percent of the site must be landscaped to meet G G standards. The applicant writes that the PD standards are not readily applicable to commercial sites without unusual development constraints. Staff believes this is an inadvertent consequence of drafting code language that was intended for residential development. The subject site is approximately 1.65 acres including the two parcels zoned MUE. Each parcel is currently developed with a single-family residence. There are no natural features of amenities on the site that would easily be preserved as open space for the neighborhood. Prior to the PD revisions and adoption of the Triangle standards, three other sites were approved through the PD process. These were all large sites of at least 6 or more acres and included or were adjacent to sensitive lands. This site is approximately one acre and has no unique natural features. Staff recommends the Planning Commission approve the requested zone change to remove the Planned Development overlay. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 9 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • • SECTION VII. CONCLUSION The City of Tigard Planning Commission has APPROVED, Zone Change (ZON2007-00008) - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE. IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: THE 6"H DAY OF AUGUST, 2007 BY THE CITY OF TIGARD PLANNING COMMISSION. Jody Inman,City of Tigard Planning Commission President Dated this c' day of August,2007. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 10 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM ilk��G VICINITY MAP K • ST ZON2007--00008 1111 ,• f TLB LLC I w PLANNED I DEVELOPMENT -c------- w BAYLCR ST __. OVERLAY ZONE CHANGE r • UJ Q - a - f. CD _� ST LEGEND: •► SUBJECT, ■ r j SITE r co V//A RO ; I DARTMOUTH ST 4 Arilralla 1--- , s b1T 0', C 2 OEEF eENO RO'i _ w Q Tigard Area Map IKIIIII4Mi ' N ELMHURST ST l g 100 5:Fri w I > WAY / ¢oo PiiERillmosillio TtGAiiD' - (t]i Information on this map Is for general location only and ■ 111,4 a verified with the Development Services Dlvislon. ■ WNW fRAVKLIV ST shouldD 13125 SW Hall Blvd Tigard,OR 97223 303 839-0171 BE�ELAND RD http:Avwx.ci.tigard.or.us -` Plot date:Jul 19,2007;C:\magic\MAGIC03.APR Community Development i• • • EXHIBIT TLB, LLC ZON2007-00008 Ann: James J. Campus TLB, LLC PLANNED DEVELOPMENT P.O.Box 25716 OVERLAY ZONE CHANGE Portland, OR 97298 T.M.Rippey Consulting Engineers Ann: Lans Stout 7650 SW Beveland Street, Suite 100 Tigard,OR 97223 Peter Livingston Schwabe Williamson&Wyatt,Attorneys 1211 SW Fifth Avenue Portland, OR 97204-3795 Debi Scott • 7085 SW Elmhurst Tigard, OR 97223 • • 0 • 11 AFFIDAVIT OF MAILING 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: (Qk Box © NOTICE OF PUBLIC HEARING FOR ZON2007-00008/TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE (File NoiName Reference) ® AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ®- Tigard Planning Commission (8/6/2007) ❑ Tigard City Council 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 July 19,2007,and deposited in the United States Mail on July 19,2007,postage prepaid. tJJ � Tv.. (Persontha 'rep. -d .tic- STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the '� £ day of ,2007. 1 -( -- i ''L- -- -'-- -.- / 0,, KRISTIE J PEERMAN() NOTARY PUBLIC-0REGON �) NOTARY PUBLI F OREGON// COMMISSION N0.419242 0 cis MY COMMISSION EXPIRES JULY 28,2011 ( '7/ . / 1� �- �ti) My Commission Expires: // NOTICE TO MORTGAGEE,LilTHOLDER,VENDOR OR SEA DR: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 'U IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD "RE-ISSUED" PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, AUGUST 6, 2007 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD QVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: THIS NOTICE IS BEING RE-ISSUED TO REFLECT THE CORRECT TAX LOTS ON THE MAP ON THE BACK SIDE OF THIS NOTICE THAT ARE ASSOCIATED WITH THIS ZONE CHANGE. ALL OTHER INFORMATION REMAINS THE SAME. FILE NO.: ZONE CHANGE (ZON) 2007-00008 (Type IIIB Land Use Decision) FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE APPLICANT & TLB,LLC APPLICANT'S T.M.Rippey Consulting Engineers OWNER Attn:James Lampus REPRESENTATIVE: Attn: Lans Stout P.O. Box 25716 7650 SW Beveland Street, Suite 100 Portland, OR 97298. Tigard, OR 97223 RE QU ST: The applicant requests a zone change from GG (PD) to GG for twoparcels located on the NE corner of SW 772 Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 &11990 SW 72"d Avenue;WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities heliports, medical centers, ma or event entertainment, and gasoline stations, are permitted conditionally. Planned Development (PD) Overlay. The purposes of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City, and to provide such added benefits as increased natural areas or open space in the City alternative building designs�wa cable communities, preservation of significant natural resources, ot aesthetic appeal, and her types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods.(by varying the housing styles through architectural accents,use of open space, innovative transportation facilities) which will-retain their character and city benefits, while respecting the characteristics of existing neggborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site, within the limits of density requirements which will balance the interests of the owner, developer, neighbors, and to City; and to provide a means to better relate le built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: C-G: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a City--■ ide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports,medical centers,major event entertainment,and gasoline stations, are permitted condiitionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520• T City of and Comprehensive Plan Policies 1 2,4, 6 7 and 12• The Metro Urban Growth Management Plan Titles 1, 8 and 12;Metrogional Framework Plan Policies x.14 and 8.3;and Statewide Planning Goals 1,2, 3,4,5,7, 8,9, 11 and 12. THE PUBLIC HEARING ON THIS MAT.WILL BE CONDUCTED IN ACCORDDCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRI 1.1EN TESTIMONY ON THIS PROPOSED ACIION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI.1•IE.N TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACIION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING(ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LE'1.1 ER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST,ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRE CIED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECIION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPEC11ON AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25 )PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL CAINES AT 503-639-4171, AT TIGARD CITY HALL AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223,OR BY EMAIL TO cherylc(c�tigatd-or.gov. •'.',r' WWII vICIN[Tl•bIAP "/ ;, / z,,N2,„,7__,,4),. -. ■p �< TLB LLC ��PEVELED ST DEVELOPMENT 1n 1a 1. n. CH NGE ZONE .• EI- LEGEND . 1111 Ii E A suBJEcr sE Ism t- -■ � ''........ N W T T o', , - F .. wars".. _,Li 1� ti. I • :ice NN•'Mopnwnl ante i 1•," TLB,LLC EXHIBIT <8 Attn: James J. Lampus ZON2007-00008 P.O. Box 25716 TLB, LLC PLANNED DEVELOPMENT Portland, OR 97298 OVERLAY ZONE CHANGE T.M.Rippey Consulting Engineers Attn: Lans Stout 7650 SW Beveland Street, Suite 100 Tigard, OR 97223 • • 1S136DC-02504 2S101AB-00300 AMERICAN INDUSTRIES INC' FRY DOUGLAS 1750 NW FRONT AVE STE#106 23077 SW NEWLAND RD PORTLAND,OR 97209 WILSONVILLE,OR 97070 1S136DC-03200 2S101AB-00100 CASSINELLI RICHARD FRY DOUGLAS 11720 SW 72ND AVE 23077 SW NEWLAND RD TIGARD,OR 97223 WILSONVILLE,OR 97070 1S1360C-03300 1S1360C-03800 CASSINELLI RICHARD E IMPERIAL INVESTMENT PROPERTIES L 11720 SW 72ND AVE PO BOX 1861 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1 S136DC-04600 1S136DC-03510 COMMERCIAL NET LEASE REALTY INC JACKSON FAMILY LIVING TRUST 450 S ORANGE AVE STE 900 BY JACKSON GENE E&CAROLYN MAE TR ORLANDO,FL 32801 7045 SW CLINTON ST TIGARD,OR 97223 1 S136DC-03501 1 S136DC-02900 CONNET CHRISTOPHER JOHN KOCH ROBERT J 11810 SW 72ND AVE 7130 SW BAYLOR ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 136DC-04400 1S136DC-02503 DARTMOUTH SQUARE LLC LURIA MARK T AND BY ZIMMLER DEVELOPMENT WHEELES DOYLE E 7165 SW FIR LP#10 BY PETSMART INC REAL ESTATE DEP TIGARD,OR 97223 19601 N 27TH AVE 4TH FLOOR PHOENIX,AZ 85027 1S136DD-07500 2S101AB-00101 DARTMOUTH TOWNHOMES LLC MARTIN GORDON R 2508 NE 24TH AVE 8565 SW BARBUR BLVD PORTLAND,OR 97212 PORTLAND,OR 97219 15136DC-03509 2S101BA-00300 DORTON CHARLIE R AND MARTIN GORDON S LINDA L 12265 SW 72ND AVE 7075 SW CLINTON STREET TIGARD,OR 97223 TIGARD,OR 97223 1S136DC-04000 1S136DC-03507 ESLINGER CASEY MONFARED FARSHAD& 7140 SW CLINTON ST FARIBA TIGARD,OR 97223 16879 SW KOLDING LN BEAVERTON,OR 97007 1S136DC-03900 1S1360C-03700 FARZA JAVAD MYERS FAMILY LLC • 7110 SW CLINTON ST FIVE CENTERPOINTE DR#280 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 • • .1 1S136DC-03600 1 S136DC-04100 MYERS FAMILY LLC TLB LLC 12670 SW 68TH PKWY PO BOX 25716 STE#200 PORTLAND,OR 97298 PORTLAND,OR 97223 2S101AB-00302 1S1 6DC-04402 NORDLING GEORGE DALE& TLB LC JOANNE TRUSTEES PO B 25716 6695 SW HYLAND WAY P TLA D,OR 97298 BEAVERTON,OR 97008 2S101BA-00101 1S136DC-04, 0 PACIFIC REALTY ASSOCIATES TL ATTN:N PIVEN PO X 25716 15350 SW SEQUOIA PKWY#300 ORT ND,OR 97298 PORTLAND,OR 97224 1S136DC-03508 1S1 •D •'300 PETERS ARDEN&SHIRLEY TRUST TLB • BY SHIRLEY SUZANNE PETERS TR PO : 25716 7135 SW CLINTON ST ••RTLA D,OR 97298 TIGARD,OR 97223 1S136DD-07001 2S101AB-00200 ROTH JACOB T JR&THERESA A TRI-COUNTY CENTER TRUST 12600 SW 72ND AVE#200 8565 SW BARBUR BLVD TIGARD,OR 97223 PORTLAND,OR 97204 1S136DC-02800 2S101BA-00100 SALIMENA JOHN A ET AL TRI-COUNTY CENTER TRUST 7100 SW BAYLOR MARTIN GORDON R TR TIGARD,OR 97223 BY ADAMS&STEWART 8565 SW BARBUR BLVD PORTLAND,OR 97219 2S 101 AB-00301 1 S 136DC-04500 SCOTT JOHN D/DEBORA K WINCO FOOD LLC 7085 SW ELMHURST ATTN:SUSAN BUSCHE TIGARD,OR 97223 PO BOX 5756 BOISE, ID 83705 1S136DD-07300 1S136DC-03500 SORENSEN JOHN A& WINKLER ROBERT G EVANGELINE P LOUELLA D 250 STAMPHER RD 11745 SW 70TH LAKE OSWEGO,OR 97034 TIGARD,OR 97223 1S136DD-02300 1S136DC-03506 SPECHT DEVELOPMENT INC YOON SUNG&HAE 15400 SW MILLIKAN WAY 7015 SW CLINTON ST BEAVERTON,OR 97006 TIGARD,OR 97223 2S101AA-02900 1S136DC-03400 TIGARD CORPORATE CENTER ZIEBART DOUGLAS G&MARY LTD PARTNERSHIP 12521 SW 61ST PL ATTN:GREG SPECHT PORTLAND,OR 97219 15400 MILLIKAN WAY BEAVERTON,OR 97006 •► •► 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 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 • • AFFIDAVIT OF MAILING 11 IF u MAUD 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: IChedt APP,p.,..B_)Bek,} © NOTICE OF PUBLIC HEARING FOR ZON2007-00008/TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE (File No✓Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: El City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (8/6/2007) El Tigard City Council 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 July 16,2007,and deposited in the United States Mail on July 16,2007,postage prepaid. All4 A■/ 1. ,z.:; VI, ir:,,Ahalled NW (Person that Ire...ed Notice) . l STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 2Y6' day of O( ö4 ,2007. OFFICIAL SEAL 1 9 ,-- R' KRISTIE J PEERMAN 6 it NOTARY PUBLIC-OREGON . P-e....2-4-41A_&,3_j ;°,;;/ COMMISSION NO 419242 �)) NOT Y PUBLI F OREGON ( MY COMMISSION EXPIRES JULY 28,2011 (� / My Commission Expires: Z 6 ! 11 • EXHIBIT _A NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, AUGUST 6, 2007 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE (ZON) 2007-00008 (Type IIIB Land Use Decision) FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE APPLICANT & TLB,LLC APPLICANT'S T.M.Rippey Consulting Engineers OWNER Attn:_james J Lampus REPRESENTATIVE: Attn: Lans Stout P.O.Box 25716 7650 SW Beveland Street, Suite 100 Portland, OR 97298 Tigard,OR 97223 RE QU ST: The applicant requests a zone change from GG (PD) to GG for twoparcels located on the NE corner of SW 72 Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 &11990 SW 72`d Avenue;WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities heliports, medical centers, ma or event entertainment, and gasoline stations, are permitted conditionally. Planned Development (PD) Overlay. The purwses of the planned development overlay zone are to provide a means for property development that is consistent with 4gard s Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City, and to provide such added benefits as increased natural areas or open space in the City alternative building designs walkable communities, preservation of significant natural resources, aesthetic appeal, and otiler types of assets that contrif ute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhoods,(by varying the housing styles through architectural accents,use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent,possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site, within the limits of density requirements which will balance the interests of the owner, developer, neighbors, and to City; and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Citywide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports,medical centers,major event entertainment,and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520• City of Trir�and Comprehensive Plan Policies 1 2,4,6 7 and 12• The Metro Urban Growth Management Plan Titles 1, 8 and 12;MetrolZegional Framework Plan Policies L14 and 8.3; and statewide Planning Goals 1,2,3,4,5,7, 8,9, 11 and 12. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. A � ASSISTIVE LISTENING DEVICES ARE •AILABLE FOR PERSONS WITH IMPAI• HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOIC'E) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACIION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'1'IEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING(ORS 197763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LE TIER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST,ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 (25G) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECIION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25C)PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL CAINES AT 503-639-4171, AT TIGARD QTY HALL AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223,OR BY EMAIL TO cherylc(a?tigard-or.gov. Ego CITY, of TIGARD NI Ii' VIAP 11P4 1 . � ZON_'i,07-1 if-n:08 ■ 1111 TLB,LLi:� -PUNNED> DE�'EL(:)P\C)��EE\P_... .sir.; ■ c LEGEND. ~ �� SITE CT VA .1 1111 1111 - I Amos DARTMO f��.rr'• mi1. LMHURST Mal" MI leman Email 0*Maa 00319a.401 nay Devebpment of Gale JJ 10. . MA9PWAGICO3 APP • y • • EXH I B IT (8 TLB,LLC ZON2007-00008 Attn: James J. Lampus TLB, LLC PLANNED DEVELOPMENT P.O. Box 25716 OVERLAY ZONE CHANGE Portland, OR 97298 T.M.Rippey Consulting Engineers Attu: Lans Stout 7650 SW Beveland Street, Suite 100 Tigard, OR 97223 • 1S136DC-02504 2S1.01AB-00300 AMERICAN INDUSTRIES INC FRY DOUGLAS 1750 NW FRONT AVE STE#106 23077 SW NEWLAND RD PORTLAND,OR 97209 WILSONVILLE,OR 97070 1S1360C-03200 2S101AB-00100 CASSINELLI RICHARD FRY DOUGLAS 11720 SW 72ND AVE 23077 SW NEWLAND RD TIGARD,OR 97223 WILSONVILLE,OR 97070 1S136DC-03300 1S136DC-03800 CASSINELLI RICHARD E IMPERIAL INVESTMENT PROPERTIES L 11720 SW 72ND AVE PO BOX 1861 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1 S136DC-04600 1S136DC-03510 COMMERCIAL NET LEASE REALTY INC JACKSON FAMILY LIVING TRUST 450 S ORANGE AVE STE 900 BY JACKSON GENE E&CAROLYN MAE TR ORLANDO,FL 32801 7045 SW CLINTON ST TIGARD,OR 97223 1S136DC-03501 1S136DC-02900 CONNET CHRISTOPHER JOHN KOCH ROBERT J 11810 SW 72ND AVE 7130 SW BAYLOR ST TIGARD,OR 97223 TIGARD,OR 97223 1 S136DC-04400 1S136DC-02503 DARTMOUTH SQUARE LLC LURIA MARK T AND BY ZIMMLER DEVELOPMENT WHEELES DOYLE E 7165 SW FIR LP#10 BY PETSMART INC REAL ESTATE DEP TIGARD,OR 97223 19601 N 27TH AVE 4TH FLOOR PHOENIX,AZ 85027 1S136DD-07500 2S101AB-00101 DARTMOUTH TOWNHOMES LLC MARTIN GORDON R 2508 NE 24TH AVE 8565 SW BARBUR BLVD PORTLAND,OR 97212 PORTLAND,OR 97219 1S136DC-03509 2S101BA-00300 DORTON CHARLIE R AND MARTIN GORDON S LINDA L 12265 SW 72ND AVE 7075 SW CLINTON STREET TIGARD,OR 97223 TIGARD,OR 97223 1S136DC-04000 1S136DC-03507 ESLINGER CASEY MONFARED FARSHAD& 7140 SW CLINTON ST FARIBA TIGARD,OR 97223 16879 SW KOLDING LN BEAVERTON,OR 97007 1S1360C-03900 1S136DC-03700 FARZA JAVAD MYERS FAMILY LLC 7110 SW CLINTON ST FIVE CENTERPOINTE DR#280 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1S136DC-03600 • 1S136DC-04100 • MYERS FAMILY LLC TLB LLC 12670 SW 68TH PKWY PO BOX 25716 STE#200 PORTLAND,OR 97298 PORTLAND,OR 97223 2S101AB-00302 1S1 6DC-04402 NORDLING GEORGE DALE& TLB LC JOANNE TRUSTEES PO B 25716 6695 SW HYLAND WAY P TLA D,OR 97298 BEAVERTON,OR 97008 2S101BA-00101 1S136DC-04 0 PACIFIC REALTY ASSOCIATES TL ATTN: N PIVEN PO X 25716 15350 SW SEQUOIA PKWY#300 ORT ND,OR 97298 PORTLAND,OR 97224 1S136DC-03508 1S1 •DC-0 300 PETERS ARDEN&SHIRLEY TRUST TLB • BY SHIRLEY SUZANNE PETERS TR PO :• 25716 7135 SW CLINTON ST •SRTLA D,OR 97298 TIGARD,OR 97223 1S136DD-07001 2S101AB-00200 ROTH JACOB T JR&THERESA A TRI-COUNTY CENTER TRUST 12600 SW 72ND AVE#200 8565 SW BARBUR BLVD TIGARD,OR 97223 PORTLAND,OR 97204 1S136DC-02800 2S101BA-00100 SALIMENA JOHN A ET AL TRI-COUNTY CENTER TRUST 7100 SW BAYLOR MARTIN GORDON R TR TIGARD,OR 97223 BY ADAMS&STEWART 8565 SW BARBUR BLVD PORTLAND,OR 97219 2S101AB-00301 1S136DC-04500 SCOTT JOHN D/DEBORA K WINCO FOOD LLC 7085 SW ELMHURST ATTN:SUSAN BUSCHE TIGARD,OR 97223 PO BOX 5756 BOISE,ID 83705 1S136DD-07300 1S136DC-03500 SORENSEN JOHN A& WINKLER ROBERT G EVANGELINE P LOUELLA D 250 STAMPHER RD 11745 SW 70TH LAKE OSWEGO,OR 97034 TIGARD,OR 97223 1 S136DD-02300 1 S136DC-03506 SPECHT DEVELOPMENT INC YOON SUNG&HAE 15400 SW MILLIKAN WAY 7015 SW CLINTON ST BEAVERTON,OR 97006 TIGARD,OR 97223 2S101AA-02900 1S136DC-03400 TIGARD CORPORATE CENTER ZIEBART DOUGLAS G&MARY LTD PARTNERSHIP 12521 SW 61ST PL ATTN:GREG SPECHT PORTLAND,OR 97219 15400 MILLIKAN WAY BEAVERTON,OR 97006 • Mildren Design Group Nathan and Ann Murdock Attn: Gene Mildren PO Box 231265 7650 SW Beveland Street, Suite 120 Tigard, OR 97281 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 AREA NOTIFIED E FEE. 1...C.ifff• ••ii • L PEI.1.(1.1P4 :44.4441. 4.44 i•s•-• Property ihatioof voliff foi off:tot:ht. frfoin •••• the date di•nind On this map. foho SITE 1Z1464701,44V 1 E•i 1 • .4.4,AUfor, • A •• ••••••::::::::::::::::••••••.•••••• • . .• •••••.. „Eli:: f••f EEE E .• ••••••••::::••••••::::• • . . • . • • •• • • 0. . .• .. •F EArElk •• .• • 1:i136DC-Z2504 • 2S101AB-00300 • AMERICAN INDUSTRIES INC FRY DOUGLAS 1750 NW FRONT AVE STE#106 23077 SW NEWLAND RD PORTLAND,OR 97209 WILSONVILLE, OR 97070 1S136DC-03200 2S101AB-00100 CASSINELLI RICHARD FRY DOUGLAS 11720 SW 72ND AVE 23077 SW NEWLAND RD TIGARD,OR 97223 WILSONVILLE,OR 97070 1S136DC-03300 1S136DC-03800 CASSINELLI RICHARD E IMPERIAL INVESTMENT PROPERTIES L 11720 SW 72ND AVE PO BOX 1861 TIGARD,OR 97223 LAKE OSWEGO, OR 97035 1S136DC-04600 1S136DC-03510 COMMERCIAL NET LEASE REALTY INC JACKSON FAMILY LIVING TRUST 450 S ORANGE AVE STE 900 BY JACKSON GENE E&CAROLYN MAE TR ORLANDO, FL 32801 7045 SW CLINTON ST TIGARD,OR 97223 1 S136DC-03501 1 S136DC-02900 CONNET CHRISTOPHER JOHN KOCH ROBERT J 11810 SW 72ND AVE 7130 SW BAYLOR ST TIGARD,OR 97223 TIGARD,OR 97223 1S136DC-04400 1S136DC-02503 DARTMOUTH SQUARE LLC LURIA MARK T AND BY ZIMMLER DEVELOPMENT WHEELES DOYLE E 7165 SW FIR LP#10 BY PETSMART INC REAL ESTATE DEP TIGARD,OR 97223 19601 N 27TH AVE 4TH FLOOR PHOENIX,AZ 85027 1S136DD-07500 2S101AB-00101 DARTMOUTH TOWNHOMES LLC MARTIN GORDON R 2508 NE 24TH AVE 8565 SW BARBUR BLVD PORTLAND,OR 97212 PORTLAND,OR 97219 1S136DC-03509 2S101BA-00300 DORTON CHARLIE R AND MARTIN GORDON S LINDA L 12265 SW 72ND AVE 7075 SW CLINTON STREET TIGARD,OR 97223 TIGARD,OR 97223 1S136DC-04000 1S136DC-03507 ESLINGER CASEY MONFARED FARSHAD& 7140 SW CLINTON ST FARIBA TIGARD,OR 97223 16879 SW KOLDING LN BEAVERTON,OR 97007 1 S136DC-03900 1 S136DC-03700 FARZA JAVAD MYERS FAMILY LLC 7110 SW CLINTON ST FIVE CENTERPOINTE DR#280 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 • 1&136DC.3600 • 1S136DC-04100 • MYERS FAMILY LLC TLB LLC 12670 SW 68TH PKWY PO BOX 25716 STE#200 PORTLAND,OR 97298 PORTLAND,OR 97223 2S101AB-00302 1 S136DC-04402 NORDLING GEORGE DALE& TLB LC JOANNE TRUSTEES PO B 25716 6695 SW HYLAND WAY P TLA D,OR 97298 BEAVERTON,OR 97008 2S101BA-00101 1S136DC-04 0 PACIFIC REALTY ASSOCIATES TL L ATTN:N PIVEN PO X 25716 15350 SW SEQUOIA PKWY#300 ORT ND,OR 97298 PORTLAND,OR 97224 1S136DC-03508 1S1 DC-0 300 PETERS ARDEN&SHIRLEY TRUST TLB BY SHIRLEY SUZANNE PETERS TR PO 25716 7135 SW CLINTON ST RTLA D,OR 97298 TIGARD,OR 97223 1 S 136 DD-07001 25101 AB-00200 ROTH JACOB T JR&THERESA A TRI-COUNTY CENTER TRUST 12600 SW 72ND AVE#200 8565 SW BARBUR BLVD TIGARD,OR 97223 PORTLAND,OR 97204 1S136DC-02800 2S101BA-00100 SALIMENA JOHN A ET AL TRI-COUNTY CENTER TRUST 7100 SW BAYLOR MARTIN GORDON R TR TIGARD,OR 97223 BY ADAMS&STEWART 8565 SW BARBUR BLVD PORTLAND, OR 97219 2S101AB-00301 1S136DC-04500 SCOTT JOHN D/DEBORA K WINCO FOOD LLC 7085 SW ELMHURST ATTN: SUSAN BUSCHE TIGARD,OR 97223 PO BOX 5756 BOISE, ID 83705 1S136DD-07300 1S136DC-03500 SORENSEN JOHN A& WINKLER ROBERT G EVANGELINE P LOUELLA D 250 STAMPHER RD 11745 SW 70TH LAKE OSWEGO,OR 97034 TIGARD,OR 97223 1S136DD-02300 1S136DC-03506 SPECHT DEVELOPMENT INC YOON SUNG&HAE 15400 SW MILLIKAN WAY 7015 SW CLINTON ST BEAVERTON,OR 97006 TIGARD,OR 97223 2S101AA-02900 1S136DC-03400 TIGARD CORPORATE CENTER ZIEBART DOUGLAS G&MARY LTD PARTNERSHIP 12521 SW 61ST PL ATTN:GREG SPECHT PORTLAND,OR 97219 15400 MILLIKAN WAY BEAVERTON,OR 97006 • Mildren Desi ntou Nathan and Ann Murdock g 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 , •.. • •• • CITY OF TIGARD REIVIMqVIEVAOPMENT DEPARTMENT bUU VVARD T GA N 97223 PHONE: 503-639.4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: pattv( tigard-or.gov RE4UEST INENO.FOOT PDOPERTY @VVNER M Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i,e, 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: 4 /Pc- - L55 ± 4gc,z 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 project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels, The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the u ose 01 providing notice to property owners of the proposed land use application and the decision. T e 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay or the labels when they are ready. NAME OF CONTACT PERSON: (..011 7 x.e r PHONE: Svc 3 — ca_ FAX: sv�� 3 3700 _ • EMAIL: L R I P P E .c.� This request m—a y i e mailed, faxed or hand delivered to the ity o igard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request that will be placed in Will Car 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 not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multi I the cost to rint one set of labels by the number of sets requested. -I EXAMPLE' — COST FOR THIS REQUEST ._!l 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 g.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$2/sheet for interested parties=$ o2Tx . sets= GENERATE LIST = $11.00. GENERATE LIST = TOTAL = $31.00 TOTAL, ($ • 1S136DC-04300 • TLB LLC PO BOX 25716 PORTLAND,OR 97298 • 17/0 6(R)/2-(4-f- 1 S136DC-04200 TLB LLC c121 / PO BOX 25716 PORTLAND,OR 97298 • fa . AFFIDAVIT OF POSTING NOTICE _ .... 'r ,, '..K}(`'`:4tu ,�.,,�v5d(�:�X: :t k#Y.: .c�,t� ,�.z�. w (,,.�.h;•,ht Y. :y�.�ic` ,�`� y :`:it1:ti'•i(.:i:i::.,�`},, # ;:`s:.',::Si'' `" L .::�.::. r1 uii�,.-- (•.," x r :;:,i4 f4,. Q c,<ty of Tigard ��wk., �4( " s'r:..� 4r��., ;;h.;},� -�,. t:;; �}x ..i. .. .4 .. ,i.:)-i'�'S�S�tX`}Sa..Id -ixt•.cR::}':i`,.�}::C(�i�i i}1k ?<{`�r�..>...,t:....:�. ,;� )�' ♦L:L` t.�i`.)L,L. L .L.., Su':`(r "Y::..:ice':`Ct � L iL�::.`" t( } 'n.t('�Ll`s;Planrun Divisions:::' i::r ,)rz ,ia t t;:k�((g1'( `::L,<•' 4 ,;} ')s( • ':`: (N.}....:,t13125SWtHallBoulevard (:, .(' :. .)_r A ..; ?.. y # .?.. .:r.: ;::n '.)::?4 sEr-∎?+i`�.8i,�'S)�•.-.NafT ,bles 5,14'.i 2:-i,tS,}. `(.,:() (-'1%-, )k.L` y`i ZF:,:�i ? 5-;4,})Y(`2`.,}... l�..�,` i)LTilLX ( . �``kJC...1i�i i)� . Li�`L,iL: ��} ,R: }, ..,` j l ar(d,®R ,77223k t``.S s u: n(.�.,yr.sc 3�?1X, Y•.r ;.%3i2i.:' 51;,5, &p... •_i� ......,...�U,.....u. ...,.."....c•c`:..r.x::.::5.::,...:::ili ,Si.`LXJC;...L:}::isz`f5u,h.g�cnnn. Waixxn�c42ScXx5:4),}: (MXh:..,)(kK)fX}C .. . , ,. t51}' ... ',` In the Matter of the Proposed Annexation of: • • Land Use File No.: ZON2007-00008 Land Use File Name: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am a/an Associate Planner for the City of Tigard, Washington County; Oregon.and that I personally posted notice of Public Hearing on the proposed Annexation 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 a.,' day of Tom/) ,2007. • Signature f Person Who Performed Posting (In the presence of the Notary) • STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 2s day of LA-1 Ls ,20 o7 .,0", OFFICIAL SEAL �"7 r, KR.ISTIE J PEERMAN! �� NO"FARM PUBLIC-OREGON ge_11./Yrk—a- MY COMMISSION EXPIRES RES JU Y 2862007 i NOTARY PUBLICi OREGON My Commission Expires: 7/2-e/o 7 I:\curpin\patty\annex\affidavit of posting annexation site.doc • NOTICE OF PUBLIC HEARING The following will be considered by the Tigard Planning Commission on Monday August 6, 2007 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and the rules of procedures adopted by the Planning Commission and City Council and available at City Hall. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by law at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportune o respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division (staff contact: Cheryl Caines) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. 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. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. ZONE CHANGE (ZON) 2007-00008 - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE - REQUEST: The applicant requests a zone change from C-G (PD) to C-G for two parcels located on the I`) corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 & 11990 SW 72nd Avenue: WCTM 1S136DC, Tax Lots 4300 & 4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies 1, 2, 4, 6, 7 and 12; The Metro Urban Growth Management Plan Tides 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 3, 4, 5, 7, 8, 9, 11 and 12. a _ : LAND USE PROPOSAL DESCRIPTION TIGARD . 120 DAYS = 10/16/2007 FILE NO.: ZONE CHANGE (ZON) 2007-00008 (Type IIIB Land Use Decision) FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE APPLICANT & TLB,LLC APPLICANT'S T. M. Rippey Consulting Engineers OWNER: Attn: James Lampus REPRESENTATIVE: Attn: Lans Stout P.O. Box Box 7650 SW Beveland Street, Suite 100 Portland, OR 97298 Tigard, OR 97223 REQUEST: The applicant c'ant requests a zone change from C-G (PD) to C-G for two parcels located on the NE corner of SW 72° Avenue and SW Dartmouth Street. Removal of the Planned Development(PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930& 11990 SW 72nd Avenue:WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. Planned Development (PD) Overlay. The purposes of the planned development overlay zone are to provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and to provide such added benefits as increased natural areas or open space in the City alternative building designs walkable communities, preservation of significant natural resources, aesthetic appeal, and otcier types of assets that alk at contn�ute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and to achieve unique neighborhood�y varying the housing styles through architectural accents,use of open space,innovative transportation facilities) which retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and to preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and to consider an amount of development of a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and to provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. PROPOSED ZONING: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports,medical centers,major event entertainment,and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520; City of Tigard Comprehensive Plan Policies 1, 2, 4, 6, 7 and 12;The Metro Urban Growth Management Plan Titles 1, 8 and 12;MetroRegional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1, 2, 3, 4, 5, 7, 8, 9, 11 and 12. DECISION MAKING BODY BELOW: Q TYPE I 0 TYPE II IZ TYPE III-B 0 TYPE IV COMMENTS WERE SENT: JULY 10, 2007 COMMENTS ARE DUE: JULY 24, 2007 0 HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM E PLANNING COMMISSION (MON.) DATE OF HEARING: 8/6/2007 (Tentative) TIME: 7:00 PM Q CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM Q STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION E VICINITY MAP Q DRAINAGE PLAN Q IMPACT STUDY E SITE PLAN 0 STORM WA l'ER ANALYSIS Q WETLANDS DELINEATION El NARRATIVE 0 TREE PLAN E. OTHER: MISCELLANEOUS STAFF CONTACT: Cheryl Caines,Associate Planner (503) 639-4171, Ext. 2437 City of Tigard, Oregon 111,13125 SW Hall Blvd. • Tigard R 97223 • U1 T T i:GAR a June 21, 2007 Mr.Jim Lampus TTB,L.L.C. P.O. Box 25716 Portland, OR 97296 RE: Completeness TTB,LLC Zone Change Case File No. ZON2007-00008 Dear Mr. Lampus: The City has received your application for a Zone Change to remove the Planned Development overlay from property located at the NE corner of 72"d Avenue and Dartmouth Street (WCTM 1S136DC Tax Lots 4300 &4402). Staff has completed a preliminary review of your submittal materials and has determined that your application is now complete. A hearing with the Planning Commission has been scheduled for August 6, 2007. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding the project, please call me at 503-718-2437. Sincerely, Cheryl Caines Assistant Planner cc: ZON2007-00008 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • 7650 SW Beveland Street TAIPPEY Site 100 Tigard,Oregon 97223 1\— CONSULTING ENGINEERS Phone: (503)443-3900 Fax: (503)443-3700 LETTER OF TRANSMITTAL Date: Monday, June 18, 2007 Project Number: 5351 To: City of Tigard C" /L JUN a 2007 Attention: Cheryl Caines CI'fY, ,r Project: Lampus Zone Change Enclosed: ❑Plans ❑Shop Drawings ❑Calculations ['Specifications ['Details ['Copy of Letter ❑Other: Number of Copies: Descriptions 14 Application package For Your Use ['For Your Review ❑For Your Approval As Requested Remarks: Thanks! Copy to: Jim Lampus by e-mail Signed: Lans Stout ['Mailed ®Delivered ['To Be Picked Up • •Cit yo f Ti g ard, Ore g on 13125 SW Hall Blvd. • Tigard, 97223 .1 • T I GARD • May 13, 2007 • Jim Lampus TTB, L.L.C. P. O. Box 25716 Portland, OR 97296 RE: Completeness TTB, LLC Zone Change Case File No. ZON2007-00008 Dear Mr. Bell: The City has received your application for a Zone Change to remove the Planned Development overlay from property located at the NE corner of 72"J Avenue and Dartmouth Street (WCTM 1S136DC Tax Lots 4300 & 4402). Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: ♦ Submit 14 copies of complete application packets. This includes plans and all application materials that have been submitted to the City. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, _ CA a . C at-et-11-u) Cheryl Gaines Assistant Planner c: SDR2007-00002 Land Use File Lans Stout, T.M. Rippey Consulting Engineers Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 LAND USE APPLICION P{eect: • COMPLETENESS REVIEW n COMPLETE n INCOMPLETE STANDARD INFORMATION: �^ a Deed/Title/Proof of Ownership ❑ Neighborhood Mtg.Affidavits Minutes, List of Attendee ❑ Impact Study(18.390) USA Service Provider Letter Q • . Envelopes age(Verify Count) 0" � P 9 ( fY ❑ #Sets Of Application Materials/Plans-"Paper Copies" ❑ Pre-Application Conference Notes ❑ #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: ❑ Building Footprint Size ❑ %of Landscaping On Site ❑ %of Building Impervious Surface On Site ❑ Lot Square Footage PLANS DIMENSIONED: ❑ Building Footprint ❑ Parking Space Dimensions(Include Accessible&Bike Parking)❑ Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vicinity Map ❑ Architectural Plan ❑ Tree Inventory ❑ Existing Conditions Plan ❑ Landscape Plan ❑ Site Plan ❑ Lighting Plan TREE PLAN I MITIGATION PLAN: ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: • I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 ApPuciiioJ AND I7ROTEcX SU/V\AkAKy r►, j • • PRE-APR HELD By CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Bled, Tigarcl OR 97223 •• - 2.., ,C Mono 503.639.4171 Fax:503.598.1960 t;; File#11-a-t3 ) 7- ocAo 5 Other Case.# pet 2007 , v(3 y Date 2 /V (D1 By E = Receipt# 7 —2'33 Fee if3) 3 1.49 Date Complete Vj* t"J TYPE OF PERMIT YOU ARE APPLYING FOR ❑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) El Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) El Home Occupation(II) El Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) c E - 5u) 72t`� / 7;le1z r4t.t oc.LT1-f- TAX MAPS&TAX LOT NOS. •v- Si— • G. 7 C —TS 4-&z + 4402- TOTAL SITE SIZE ZONING CLASSIFICATION ± I AC CC-, - Pt7 APPLICANT' irrZ ( MAILING ADDRESS/CITY/STATE/ZIP Fib PHONE NO.EO)4 Z SZ (, • �f LINK FAX .O 9-7 z PRIMARY CONTACT PERSON O PHONE NO. _7c334:! J iM L-30114 pus PROPERTY OWNER/DEED HOLDER(Attach list if more than one) z>50v MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) 2 E cc4anreecr rgsial.4 C6-1:=17 7 0 c6 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 ■w, • • THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application, 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. i ore • fi•k_f 7:1,:72/ 9., Owner's Sig, .tore PGv��,, 2 7 3 Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date 114 CITY OF TIGARD 5/24/2007 V 13125 SW Hau Blvd. 3:31:59PM Tigard,OR 97223 503.639.4171 TIGARD 3 Receipt #: 27200700000000002336 Date: 05/24/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid ZON2007-00008 [LANDUS]Amend CDC(Map) 100-0000-438000 2,731.00 ZON2007-00008 [LRPF]LR Planning Surcharge 100-0000-438050 403.00 Line Item Total: $3,134.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check TLB,LLC KJP 1337 In Person 3,134.00 Payment Total: $3,134.00 • cReceipt.rpt Page 1 of 1 Washington County,Oregon 2006_069460 06/12/2006 10:54:35 AM `✓ • D-OW Cnta1 8tna13 C PFEIFER S30.t•0 511.00 5500.00-Total $547.00 11111 1 111111 I I 11111 11111 11111 1 11111 00965545200600694600060068 I,Jerry Henson,Director of Aaseasmerit and Taxation ,vro,r and Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of,�• writing was received and recorded In.the book of ' e' '` • records of said county. i'.'lp_�+. bAri Jerry R.Hanson,Director mint and Taxation, Ex-Officio County Clerk • • 3o . , • • AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson &Wyatt P.O. Box 25716 1211 SW 5th, Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED Steven Kroo, Grantor, conveys and warrants to TLB, LLC, an Oregon limited liability company, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibit "A" attached hereto which is incorporated herein by this reference. 0 Q Such real property is free of all encumbrances except those, if any, shown on v Exhibit "B". Such real property is subject to all of the encumbrances and other matters shown on Exhibit"B" hereto. O a The true consideration for this conveyance is $500,000. The consideration is paid by an accommodation party as part of an exchange of properties under Section c 1031 of the Internal Revenue Code. Q BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON a TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF Q THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF a APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR F-? ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated this 4 day of June, 2006. teven Kroo :t WASHINGTON COUNTY = REAL PROPERTY TRANSFER TAX ., ;.:V .S-00 • \ am ,_ Zf i�� c, 4-` FEE PAID DATE • 1 —STATUTORY WARRANTY DEED PDX/105358/148264/JA0/1432422.1 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (c t) 4 4 State of California V 4 County of I---- r�� ss. j On C2G 07, 2OOf before me, Z- 7'1 -//La ej '2.)%y Pi'I, ,� �; Date ame and Title of Officer(e.g.,"Jane Doe,Notary P lic' ?) r� G U /'D v >> personally appeared i �j C!Q Name(s)of Signer(s) ,% k f proved to me on the basis of satisfactory 4 evidence to be the person(%f whose name(M rses is/a � 4 4 subscribed to the within instrument and V acknowledged to me that he/she/they executed V the same in his/hertt#eir authorized V capacity(iee3 and that by his/ber,<their k 4 LUCY N.ACFALLE signature0 on the instrument the person(,), or k 4 .- :' o COMM. *1645033 z the entity upon behalf of which the erson teo._, -s,,.. Notary Public•Cakfomia 023 acted, executed the instrument. �� z - ",�; Fresno_County k 4 `-r`�,� Comm. , -. Feb.1 20 - k `'" 1 WITNESS •y • and official seal. 9) 4 Signatur- glary Pu 4 / y 11 OPTIONAL >> 6? >> Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent [C fraudulent removal and reattachment of this form to another document. � Description of Attached Document �� Title or Type of Document: ,.s -4Y19 ' -'7 ire-'6( ; 4 Document Date: (}G,---/---e-- 9, ?A I G Number of Pages: , �� 4 Signer(s)Other Than Named Above: 4C• c• Capacity(ies) Claimed by Signer �� •CTS Signer's Name: �v ��/ / ---1^0 RIGHT THUMBPRINT l; OF SIGNER Pt 4 ❑ Individual Top of thumb here 1 • ❑ Corporate Officer—Title(s): �� 4 Partner—❑Limited ❑General (% ❑ Attorney-in-Fact V 4 ❑ Trustee V (r ❑ Guardian or Conservator r:,.,.--- 9� (. ❑ Other: & Signer Is Representing: i kC yi ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • VV/IL/LUUV 1V.a)J PAIL JVJ JJJ JUIU PI)A 1`' • WJUUL • • EXHIBIT A LEGAL DESCRIPTION A tract of land being a portion of Lots 30 and 31, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the intersection of the North line of Lot 30, FRUITLAND ACRES, in the County of Washington and State of Oregon, with the East line of the County Road (S.W. 72nd Avenue) along the East side of FRUITLAND ACRES, according to the duly recorded plat; thence South on and along the East line of said County Road, 100 feet to a point on the West line of Lot 31, FRUITLAND ACRES; thence East parallel with the North line of said Lot 30, a distance of 200 feet; thence North parallel with the East line of said County Road to the North of said Lot 30 to a point 200 feet East of the point of beginning; thence West a distance of 200 feet to the point of beginning. 1.—EXHIBIT A 06/12/2006 15:44 FAX 503 553 5678 FDA MS (JUL • • EXHIBIT B PERMITTED EXCEPTIONS 1. The rights of the public in and to that portion of the herein described.property lying within the limits of SW 72"d Avenue. -EXHIBIT B Error!Unknown document property name. • • . Washington County,Oregon 2006-069461 • 06112/2006 10:54:35 AM 0-0W Cnt■1 gata13 C PFEIFER • S20.00$0.00$11.00 5535.00•Total a$572.00 ' , 1111111 III 1111 I 11111111 111111111111 II I II 111 • 00965582200600694610040047 I,Jerry Hanson,Director of Assessment and Taxation ,•�r and Ex-Officio County Clark for Washington County, Ortgon,do hereby c'Alfy that the wtthIn Instrument of wrtdng was nulv.d and recorded In the book of records of said county. lam`ar..t I�r'F"^^�� Jerry R.Hanson,DlrectorMA mint and Taxation, Ex-Officio County Clerk . AFTER RECORDING BURN TO: UNTIL A CHANGE REQUESTED, ALL TAX STATEMENWSHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson & Wyatt P.O. Box 25716 1211 SW 5th, Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED Louise Hedgepeth Stewart, Trustee of THE LOUISE HEDGEPETH STEWART TRUST under agreement dated September 20, 2004, Grantor, conveys and warrants to TLB, LLC, an Oregon limited liability company, Grantee, the following described real (s, property free of encumbrances except as specifically set forth herein: See Exhibit "A"attached hereto which is incorporated herein by this reference. 0 Such real property is free of all encumbrances except those, if any, shown on •;,4) Exhibit "B". Such real property is subject to all of the encumbrances and other matters ,o shown on Exhibit"B" hereto. The true consideration for this conveyance is $535,000. The consideration is o paid by an accommodation party as part of an exchange of properties under Section v 1031 of the Internal Revenue Code. • BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated this g day of June, 2006. • Louise Hedge t Stewart, Trustee •,q • =c:•: - WASHINGTON COUNT( REAL PROPERTY TRANSFER TAX $ 535.00 FEE PAID ATE� 1 - STATUTORY WARRANTY DEED PDX/105358/148264/JA0/1432415.2 STATE OF OREGON ) County of eidaitn ) ss. • This instrument was acknowledged before me on(4/2/ , 2006, by Louise Hedgepeth Stewart, as trustee of The Louise Hedgepeth Stewart Trust u/a/d September 20, 2004. NOTARY PUBLIC FOR OREGON My Commission Expires: OFFICIAL SEAL NICOLE L. BRYANT ° NOTARY PUBLIC-OREGON COMMISSION NO.380430 MY COMMIS3)ON EXPIRES JUNE 1,2008 2—STATUTORY WARRANTY DEED P DX/105358/148264/JAO/1432415.2 LEGAL DESCRIPTION • • A tract of land being a portion of Lots 31 and 32, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at a point on the South line of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, at the Southwest corner of Lot 32, FRUITLAND ACRES, a subdivision of record in the County of Washington and State of Oregon, and running thence North 89°38' East 200.00 feet along the South line of said Lot 32 to an iron rod; thence North 115.13 feet, parallel with the West line of Lots 32 and 31, said FRUITLAND ACRES, to an iron pipe at the Southeast corner of that certain tract of land conveyed by deed to Carl Orey, et ux, and recorded in Book 274, Page 353, Washington County Deed Records; thence South 89°38'West 200.00 feet along the South line of said Orey tract to an iron rod at the Southwest corner thereof, a point on the West line of Lot 31, said FRUITLAND ACRES; thence South along the West line of said Lot 31 and Lot 32, a distance of 115.13 feet to the place of beginning. • 1 —EXHIBIT A Error!Unknown document property name. L.0%1111=11 r u • PERMITTED EXCEPTIONS • 1. The rights of the public in and to that portion of the herein described property lying within the limits of SW 72nd Avenue. 2. An easement created by instrument, including the terms and provisions thereof, Recorded : May 23, 2003 Recorder's Fee No. : 2003-082601 In Favor Of : Portland General Electric Company For : Anchors and guy wires to support electric line structures and poles • • • • 1 —EXHIBIT B Error!Unknown document property name. CLAM W 5 €yv1cEs May. 17. 2007 4: 07AM 77._ -- i.•,r .. - No, 1084 P. 1 6�f„ l:l is Li ,.� Lti ' MAY 0 9 Z007 -J C1canWahcServices B Y=...=-—=-=_Qilr voilliniiiiiciil iscic.r, 0W5 File Uumeer Sensitive Area Pre-Screening I 07-00/Seed _ Site Assessment Jurisdiction: - Property Information: (example 1S234A8Of400) Owner Information: Taxiot ID(s):_,Si—3_ Name: 'TT"B 4100t_ 7'DQr 4-so. 444^a. Company:, / = -j rr�t Li .y p(.L9 Address: S? ._ Site Address:. NC C,at4eR. zit- ebtLa7tDtub a 24fo 04ea4 & Phone/Fax: '0AI f•q g& .r. a /21 j, Nearest Cross Street: _ E-mall: • Development Activity: Check all that apply Applicant information: Addition to Single Family Residence (rooms, deck,garage) in Name: 4/be_1S 4"fbud,�, Lot tine Adjustment g Miner Lend Partition ❑ Company: -r,M- gd P __CAW l.6__ Residential Condominium II Commercial Condornlnlurit ❑ Address: 76 sb-t.) SEtjf(Jr,LI 'fie t 40 o Residential Subdivision ❑ Commercial Subdivision ❑ Tr cadoiLv eg, irdime. Single Lot Commercial ❑ Mulll Lot Commercial igi Phone/Fax:S .!41.43-3/'cal —/St /44 • 32-Qp_ Other Z.or4EE c 7t, .441/g' M. ' E-mall: t iCa Will the project involve any off-site work: YES rg NO❑ Unknown ❑ Location and description of off-site work: M:.J E:.. „,,- i .4--'.a4 _ ...1‘) .le '.".r- /t.{p ..► I i._L.• W Additional comments or Information that may be needed to understand your project:- This applIcetton does NOT repra7s t e need for Grading and Erosion Control Permits.Connection Permits,Building Permits,Site Development Permits,DEQ 1200.0 Permit or other permits ae Issued by the nepertment Of environmental quality,Department of State Landa and/or Department of the Army COE. All required permits and epprov ale must be obtained and completed under applicable local,state,and federal law. toYthe signing t e al acknowledges end rIpr ath pe j si i h Ily entr projec sit a all reaeonn ble OW fo the purpose of Inspecting project site conditions and gathering related toe ect e. ce � that I am familiar with the Information contained In this document,end to the best(Amy knowledge and belief,this information Is true,complete,and!monde, Print/Type Name: f I. M r Print/Type Title: f71.L41i✓At1 Mr A,l -4-61.'T Signature: �,Date: s-iGi/Q FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITPLASIAME PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required, ❑ Based on review of the submitted materials end beat available Information Sensitive areas do not appear to exist on site or within 200'of the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and • protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20.Section 3-02.1. All required permits and approval§must be obtained and completed under applicable local,State,and federal law. . ski Based on review of the submitted materials and best available Information the above referenood project will not significantly impact the existing or potentially sensitive areas)found near the site.This Sensitive Area Pre-Screening Stte Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently . discovered. This document will serve's your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits end approvals must be obtained and completed under applicable local,state,end federal law_ ❑ This Service Provider Letter is not valid unless CWEI approved site plan(s)are attached, ❑ The proposed activity does not meet the definition of development or the lot Was platted after 9/9196 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE P-OVIDER LETTER I?REQUIRED_ • Reviewed By: ...r.. . -• . Date: - .7/6 f G 7 2550 SW Hillsboro Highway•Hit6beto,Oregon et138 Phone: (505)681-5i00•Fax: (503)eel-4439•.vwtusleenwarcraorvioea,otg mom:Mai 0.RIOT NE 1 &fl 60RHOO7 AlEaTi NG- • • AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, L4-,J S 5Gu ,being duly sworn,depose and say that on the 7 day of /W U/ 20 07 -,I caused to have mailed to each of thep ersons on the attached list,a notice of a meeting to discuss a proposed development at (or near) rE4Ateg, 72- /1 4 --T-MOU b4- ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at `T'11 1442.0 4OFL with postage prepaid thereon. ign (In the presence of a Notary Public) POSTING: I, f q,,iS Ste- ,do affirm that I am(represent)the party initiating interest in a proposed land use application for 24o/NL.& C4LANCeg GG,V10 TO C4 affecting the land located at(state the approximate location(s)IF no address(s)and all tax lot(s)currently registered) E S l-36 Or, c C. - 45 f ,and did on the_7_ day of Mali ,20� personally post notice indicating that the site maybe proposed for a land use application,and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at !4Gx CoxZN or- 7� i6t4D p rmot l4— (state location you posted notice on property) Signs (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF Ore-5 o n ) County of tit4>7 ) ss. r( Subscribed and sworn/affirmed before me on the.2-3 day of / `Q 1 ,20 0`1 . 4/ez , OFFICIAL SEAL ='1 Y KRISTIE J PEERMAN JD a NOTARY PUBLIC-OREGON �� COMMISSION N0.370962 NOTARY PUBLIC-IF OREGON MY COMMISSION EXPIRES JULY 28,2007 My Commission Expires: c�cwp]n�,mstel�.u:bl Jr." ,neeting.doc �r r J O Page 5 7650 SW Beveland Street,Suite 100 TM R EY Tigard,OR 97223 �� CONSULTING ENGINEERS Phone:(503)443-3900 Fax:(503)443-3700 May 7, 2007 RE: Dartmouth Office Project Number: 5351 Dear Interested Party: T.M. Rippey Consulting Engineers represents the owner of the property located at the northwest corner of SW 72" Avenue and SW Dartmouth Street. The owner is considering proposing development of office/retail space at this location. Since you were notified of a previous Neighborhood Meeting on Feb 26, 2007, it has been determined that it will be necessary to apply to the City for a zone change to remove the existing"Planned Development"overlay zone from a part of this site. The "PD" overlay was applied to this site in 1984, and since then numerous changes to the City Code have made it no longer appropriate for the property. Consequently, an application will be made to remove this overlay, leaving the development to occur under the normal Development Code standards, including the Tigard Triangle Design Standards. Prior to applying to the City of Tigard for this zone change,we are required to hold an additional Neighborhood Meeting since this aspect of the application was not discussed at the first meeting. You are invited to attend a meeting on: May 22, 2007 T.M.Rippey Consulting Engineers 7650 SW Beveland Street, Suite 100 Tigard, OR 97223 6:00 P.M. Please note that this meeting will address only the zone change from CG-PD to CG. The actual site development plans have not changed since the previous meeting and are not on the current agenda. Please call me at 503-443-3900 if you have any questions. Sincerely, Lans Stout Planner/Real Estate Consultant Ab3AV-O9-008-L uoIPnalsul,p luawa6aey,ap suas ®0915®A213AV1.1aege6 at zaslIil l wori(Jane•Mnnnn apma;ei zamnsuo) • Jalad g saIp%sanenbp4 5136DC 02600 • 1S136DC 02700 • 1S136DC 02701 J Mark Edward Schultz Kenneth A Coe Catalina Development LLC • 7010 SW Baylor St 2373 NW 185th Ave 14630 SW Catalina Dr Tigard,OR 97223 Hillsboro,OR 97124 Tigard,OR 97223 1S136DC 02800 1S136DC 02900 1S136DC 03000 John A Salimena Robert J Koch Robbie L Home 7100 SW Baylor St 7130 SW Baylor St 7160 SW Baylor St Tigard,OR 97223 Tigard,OR 97223 Tigard,OR 97223 1S136DC 03100 1S136DC 03200 1S136DC 03300 Juanita Amacher Richard Cassinelli Richard E Cassinelli 11680 SW 72nd Ave 11720 SW 72nd Ave 11720 SW 72nd Ave Tigard,OR 97223 Tigard,OR 97223 Tigard,OR 97223 1S136DC 03400 1S136DC 03500 1S136DC 03501 Douglas G&Mary Ziebart Robert G Winkler Christopher John Connet 12521 SW 61st P1 11745 SW 70th Ave 11810 SW 72nd Ave Portland,OR 97219 Tigard,OR 97223 Tigard,OR 97223 1S136DC 03506 1S136DC 03507 1S136DC 03508 Sung&Hae Yoon Farshad Monfared Arden&Shirley Peters 7015 SW Clinton St 16879 SW Kolding Ln 7135 SW Clinton St Tigard,OR 97223 Beaverton,OR 97007 Tigard,OR 97223 1S136DC 03509 1S136DC 03510 1S136DC 03600 Charlie R Dorton Jackson Myers Family LLC 7075 SW Clinton St 7045 SW Clinton St 12670 SW 68th Ave Tigard,OR 97223 Tigard,OR 97223 Portland,OR 97223 1S136DC 03700 1S136DC 03800 1S136DC 03900 Myers Family LLC Imperial Investment Properties Javad Farza 7050 SW Clinton St PO Box 1861 7110 SW Clinton St Tigard,OR 97223 Lake Oswego,OR 97035 Tigard,OR 97223 1S136DC 04000 1S136DC 04100 1S136DC 04200 Casey Edinger TLB LLC TLB LLC 7140 SW Clinton St PO Box 25716 PO Box 25716 Tigard,OR 97223 Portland,OR 97298 Portland,OR 97298 1S136DC 04300 1S136DC 04400 1S136DC 04402 TLB LLC Dartmouth Square LLC TLB LLC PO Box 25716 7165 SW Fir Loop#10 PO Box 25716 Portland,OR 97298 Tigard,OR 97223 Portland,OR 97298 1S136DD 02100 1S136DD 02200 1S136DD 02300 Specht Development INC Specht Development INC Specht Development INC 15400 SW Millikan Way 15400 SW Millikan Way 15400 SW Millikan Way Beaverton,OR 97006 Beaverton,OR 97006 Beaverton,OR 97006 1 I ®09L5®Aua, �/� ni Tamlead dead�(se3 ao; Jaded paa3T t/ ®0915 31V1dW31®tiaAV ash L'%y 1 wags uown 4sul aas • I slage-I i�d�e3 AH3AV-09-008-1 uoll3nalsul,p luawa6Jeyp ep sues ®0915®A113AH i!aege6 al zeslllln woYLIane.mnnnn allma}el zallnsuoD • salad e salpe}seuanbp3 1S136DD 07300 • 1S136DD 07500 • 2S101AA 02900 John A&Evangeline P Sorensen Pacific NW Properties LLC Tigard Corp.Ctr ' 250 Stampher Rd PO Box 2206 15400 SW Millikan Way Lake Oswego,OR 97034 Beaverton,OR 97075 Beaverton,OR 97006 2S101AB 00100 2S101AB 00101 2S101AB 00200 Douglas Fry Gordon R Martin Tri-County Ctr Trust 23077 SW Newland Rd 8565 SW Barbur Blvd 7155 SW Elmhurst St Wilsonville,OR 97070 Portland,OR 97219 Tigard,OR 97223 2S101AB 00300 2S101AB 00301 2S101AB 00302 Douglas Fry John D&Debora K Scott George Dale Nordling 23077 SW Newland Rd 7085 SW Elmhurst St 7105 SW Elmhurst St Wilsonville,OR 97070 Tigard,OR 97223 Tigard,OR 97223 2S101BA 00100 2S101BA 00101 2S101BA 00400 Tri-County Ctr Trust Pacific Realty Associates Tigard Triangel Dev LLC 8565 SW Barbur Blvd 15350 SW Sequoia Pkwy#300 12265 SW 72nd Ave Portland,OR 97219 Portland,OR 97224 Tigard,OR 97223 1S136DD 07001 1S136DC 02503 1S136DC 02504 Jacob T&Theresa A Roth Jr. Mark T Luria Amercian Industries INC 12600 SW 72nd Ave#200 19601 N 27th Ave#4TH 1750 NW Naito Pkwy#106 Tigard,OR 97223 Phoenix,AZ 85027 Portland,OR 97209 1S136DC 04500 1S136DC 04600 2S101AB 00200 Winco Food LLC Commerical Net Lease Realty Gordon S Martin PO Box 5756 450 S Orange Ave#900 12265 SW 72nd Ave Boise,ID 83705 Orlando,FL 32801 Tigard,OR 97223 2S101BA 00300 Gordon S Martin 12265 SW 72nd Ave Tigard,OR 97223 • T j Tamlead lead�tse31o; Jaded paajT pip ®0915 31V1dW31 wand 040 1 ®09 L5 pA213Ad �; i pays uopnAsul aas • 1 ri' slagel lead Ase3 • • 72' 1/Dartmouth Zone Change Neighbor Meeting Minutes May 22, 2007 The Neighbor meeting for the proposed zone change application was held at 6:00 PM on May 22, 2007 at the office of TM Rippey Consulting Engineers. Three neighbors, and the owner attended the meeting along with Lans Stout, Planning Consultant. The attendance list is attached. The discussion related to the necessity of the proposed change and its relationship to the actual development plans which had been discussed in a prior neighbor meeting. There was no concern expressed by the attendees regarding the proposed zone change application. The meeting adjourned at 6:20. By: Lans Stout, Planning Consultant, TM Rippey Consulting Engineers • • 7 ice- ? kA51 G6 NZ1 CZ CV,D Ler_• DANCE C. cis - - & , C_Ja■ Og.( 7erA S &3 .cw Inds+ S4. 00 IS 54) cj,VIA1714 �a'LPI C C,2,,u�DU.S P lL-e�r��R=u'zr �wri2 r 41 I II ii ail Y ,i'i y , Zone Change Written Aliment • • May 18, 2007 Page 1 ZONE CHANGE WRITTEN STATEMENT May 18,2007 Applicant: TTB, LLC Att: Jim Lampus PO Box 25716 Portland OR 97296 503/291-6986 503/291-7036 fax Planning Consultant: T.M.Rippey Consulting Engineers Att: Lans Stout 7650 SW Beveland St. Suite 100 Tigard OR 97223 503/443-3900 503/443-3700 fax Site Location: Tax lots 4300 and 4402, WCTM 1S1-36DC Northeast corner of SW 72"a Ave and SW Dartmouth St. Proposal: Amend the Tigard Zoning Map to change the zoning on the subject property from CG-PD (General Commercial with Planned Development Overlay) to CG (General Commercial). • Zone Change Written Ailment • May 18, 2007 Page 2 Description of the Request: This is a zone change application which will remove the Planned Development Overlay from the subject site. This property has been in the preliminary design phase under the current ownership since 2005. The initial plans included only the two tax lots that are the subject of this application, but it has been possible for the owner to also acquire an additional two lots immediately to the north, to allow redevelopment of the entire east side frontage of SW 72nd Ave. between SW Dartmouth St. and SW Clinton St. These additional lots are zoned MU-E, and consequently are not part of this zone change application although development plans for the entire site have been presented to the City staff and neighbors. When this project was first discussed with City staff, the PD Overlay was not recognized, and consequently any issues related to it were not addressed. Subsequently, as a result of additional discussions related to the additional site area to be included in the project, the PD issues were discussed at length. The PD designation on this site was applied legislatively in 1984. However, since there has never been a redevelopment plan proposed, there have never been any plans considered under the PD overlay. Further, the recent changes to the PD section would make application of the PD standards impossible to meet on this commercial site. A number of approaches were considered to address the application of the PD section to this property, including development under the new PD criteria, a Comprehensive Plan Amendment and Zone Change to bring the entire site into the MU-E zone, and a Development Code text amendment to address the difficulty of commercial development under the revised PD section. However, simply removing the PD overlay and allowing the site to redevelop under the CG zone and Tigard Triangle Design Standards is the best solution to facilitate implementation of the City's development standards for this area while allowing a responsible commercial development of the site. Commercial Development Issues Under the PD Overlay Zone: The 2006 revisions to the PD section of the Code provide processes and criteria suited for residential development on difficult sites. The flexibility provided allows the City to adapt the otherwise required standards based on creative approaches to development of residential neighborhoods while still protecting resources. These standards and processes are not readily applicable to commercial development on sites without unusual development constraints. The specific areas to consider include: 18.350.010A.2 through 4 state that the purposes of the PD section is to increase preservation of natural areas and to facilitate the development of "walkable" communities. While this is an appropriate direction for the development of new- residential neighborhoods, it is not applicable to a site zoned General Commercial that has no unusual development constraints. •' • Zone Change Written Aliment • May 18, 2007 Page 3 18.350.030.B provides that the PD overlay designation shall be applied at the time of approval of the Detailed Development Plan. While sites that already have the PD Overlay applied from an earlier legislative action can still use the PD process, the intent of the Code is to encourage owners to use the PD provisions, and to provide that as a prerogative rather than a requirement. 18.350.050.A provides Concept Development Plan approval criteria which stress the development of a plan that addresses preservation of natural features, neighborhood context, and "significant advantages over a standard development". The development of a site zoned CG with no significant natural features, inherently cannot meet these criteria. 18.350.070.4.A.h. requires 20% of the site to be landscaped, including "landscaping on individual lots". This is clearly intended to apply to residential development, and would be a significant difficulty for a commercial site where 15% landscaping is the conventional standard. 18.350.070.4.A.m requires shared open space facilities. This also is clearly intended for application to residential development, and is not appropriate for commercial projects. While it may be argued that dealing with these issues can be addressed by the PD provisions themselves, in the end the question remains whether the interests of the property owner and the City are well served by using these procedures to correct a historic problem rather than simply correcting the problem and applying appropriate Code standards to a development application. By removing the PD overlay from this site, the standards of the PD section are not compromised, the owner is returned to a position the same as the owners of other property zoned CG, and the normal standards of the Code maintain the City's interests. Code Criteria for a Zoning Map Amendment: Section 18.380.030B of the Development Code provides standards for quasi- judicial decisions. Each is addressed as follows: 1."Demonstration of compliance with all applicable Comprehensive Plan policies and map designations." Comment: In considering this standard, it is necessary to keep in mind the nature of the application. The Comprehensive Plan Map designation for the site is "General Commercial", and the zoning is CG-PD, which is a consistent zone for the plan designation. This application will not effect the Plan Map nor the base zoning, so this criteria is met with respect to map designations. In considering Comprehensive Plan policy implications, since the land use designations will not change the applicable • Zone Change Written Sikment • May 18, 2007 Page 4 policies would be those which provide guidance on the creation and application of overlay zones such as the PD provisions. While the plan does discuss such related matters as the application of the General Commercial designation, and natural resource protection, it at no point actually discusses the establishment and application of a Planned Development Overlay zone. Since there is no policy guidance in the Plan, and since the land use designations are not effected, this criteria is inherently met. Nevertheless, the staff has listed a number of Plan Policies that have been identified as applicable to this application. Each is addressed as follows: Policy 1 and its subsections relate to maintaining consistency between the Tigard Comprehensive Plan and Statewide Goals as well as other local and regional planning documents. Since this change does not effect the actual land use designation for the site, and the eventual site development will be regulated by existing standards, the proposed zone change doe not impact the consistency of these planning documents. Policy 2 and its subsections relate to the citizen involvement process. This application has been presented at a neighborhood meeting and will be considered by the Planning Commission in a public hearing, which meets the intent of these policies. Policy 3 and its subsections relate to development in areas with physical constraints. The site has no documented evidence of floodplain, steep slopes, or geotechnical issues. Further, the PD overlay is not required to address any such physical issues since other Code standards are applicable and will remain in effect after this zone change. Policy 4 and its subsections relate to air, water, and land resource quality. Removing the PD overlay from this site will not effect the implementation of all otherwise required regulations related to these issues. Policy 5 and its subsections relate to economic development and diversification in the City. Removal of the PD overlay from this site will allow the property to be developed in a manner consistent with the Development Code, which will increase job opportunities and economic activity, which is consistent with this policy. Policy 6 relates to housing, which is not applicable to this application. Policy 7 and its subsections relate to the provision of adequate public facilities and services. The removal of the PD overlay has no bearing on the provision of facilities and services, which will be addressed through the development review process. Policy 8 relates to transportation. A traffic study is required for development of this site notwithstanding whether the PD overlay applies or not. Policy 9 relates to energy conservation, which is not impacted by the application of the PD overlay. Policy 12 establishes locational criteria for various types of development areas, including commercial. However, since this zone change does not effect the underlying commercial plan designation and CG zoning, this policy is not applicable to the application. . Zone Change Written Siment • May 18, 2007 Page 5 2. "Demonstration of compliance with all applicable standards of any provision of this code or other implementing ordinances." Comment: Compliance with standards of the Code is similar to the Comprehensive Plan Policy issue. Since the base zoning is not affected by this change, the only applicable Code standards are the PD section itself and the standards contained in this section related to quasi-judicial changes to the zoning map. The standards of the PD section, as summarized above, are not appropriate for application to this site, and there is no indication that their continued application to the site is necessary to implement the intent of the Code. This discussion of the standards for approval of a quasi-judicial map amendment shows that Standard 2 is met. 3. "Evidence of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map a sit relates to the property which is the subject of the development application." Comment: As described above, the PD overlay was legislatively applied to this site in 1984. At that time the City was experiencing development of the larger commercial area west of SW 72nd Ave. and there was valid concern about implementing the PD standards as a way to ensure high quality development in the area. Since 1984 the City has adopted the Tigard Triangle Plan, which precipitated the MU-E zone that applies to the north half of this site, and the Tigard Triangle Design Standards which apply to the CG-PD portion as well as the MU-E portion. Most importantly the City has adopted revisions to the PD section itself which make it relevant to residential development but not to commercial. There has clearly been a change in the neighborhood as result of adoption and implementation of the new Tigard Triangle standards, which makes application of the PD section both unnecessary and inappropriate. This standard is met. Impact Statement: Section 18.390.040.B2(e) of the Code requires an impact study to assess the impacts of an application on public infrastructure. In this case there is no development proposed in association with the application, so there is no impact on public facilities and services. Any impacts and associated mitigation will be considered through the Design Review process, which will be required prior to site development. Concluding Comments: This application will not affect the base zoning and development standards for this site. It will, however, allow both parts of the development site to be developed as a single unified project that is consistent with the Tigard Development Code and specifically the Tigard Triangle Design Standards. This change will correct an inequitable situation that has resulted from the application of the PD overlay at a time when this was an appropriate method to address development concerns, but is no longer needed because of the adoption of new standards that achieve the same goals. —_` CITY of TIGARD ________id 1 -- — GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED ---- - (500') ---- B_YLOR___--- ST w > 1,1350002 1,1350002 o _ Q — '°�°'°° > FOR: Lans Stout 111350008800 Q 11111551135° 1111581151355 -- RE: 1S136DC; 4300/4402 111110008013 1111600/31/3 111100051350 11/190001311 11111313 1 151350ossine _ • 50003000 f1m0°0°i001 _- A11e0551300 111150051135 s115oao13m `IN_ ON , _ ST 1111000•4110 ew013 0 e001rn0 11110°0°/001 zi e000w o e0003elgo 111150003505 — Property owner information I I ( \ woman = is valid for 3 months from \ the date printed on this map. ��\\ 1115130/005 � 1111000°°505 ��is: I"` -':N��„' 111150004400 5 J `�` 11a0000moo■ \ 111231. r DARTMOUTH S ________[ ta1o1e0om0 • 131011500100 131011500100 mn 00100 mgom1 1■ lo 11011108130 331011508101 t 011ao13 t N 11011300800 8 moo 7610111110800 .5 __ ELMHURST s 0 100 200 300 400 Feet Pla 1"=304 feet . . 11,1 . , HERMOSO :-- T l GARia a w,,, / Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd ,... \ _ F- _ Tigard,OR 97223 JI -- - _ -- (503)639igard ��K hltp Nwww.ci tigard or us = Community Development Plot date:May 23,2007;C:\magic\MAGIC03.APR 1S136DC-02504 • 2S101AB-00300 • AMERICAN INDUSTRIES INC FRY DOUGLAS 1750 NW FRONT AVE STE#106 23077 SW NEWLAND RD PORTLAND, OR 97209 WILSONVILLE,OR 97070 1S1360C-03200 2S101AB-00100 CASSINELLI RICHARD FRY DOUGLAS 11720 SW 72ND AVE 23077 SW NEWLAND RD TIGARD, OR 97223 WILSONVILLE,OR 97070 1S1360C-03300 1S1360C-03800 CASSINELLI RICHARD E IMPERIAL INVESTMENT PROPERTIES L 11720 SW 72ND AVE PO BOX 1861 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1S136DC-04600 1S136DC-03510 COMMERCIAL NET LEASE REALTY INC JACKSON FAMILY LIVING TRUST 450 S ORANGE AVE STE 900 BY JACKSON GENE E&CAROLYN MAE TR ORLANDO, FL 32801 7045 SW CLINTON ST TIGARD,OR 97223 1S136DC-03501 1S1360C-02900 CONNET CHRISTOPHER JOHN KOCH ROBERT J 11810 SW 72ND AVE 7130 SW BAYLOR ST TIGARD,OR 97223 TIGARD,OR 97223 1S136DC-04400 1S136DC-02503 DARTMOUTH SQUARE LLC LURIA MARK T AND BY ZIMMLER DEVELOPMENT WHEELES DOYLE E 7165 SW FIR LP#10 BY PETSMART INC REAL ESTATE DEP TIGARD,OR 97223 19601 N 27TH AVE 4TH FLOOR PHOENIX,AZ 85027 1S13600-07500 2S101AB-00101 DARTMOUTH TOWNHOMES LLC MARTIN GORDON R 2508 NE 24TH AVE 8565 SW BARBUR BLVD PORTLAND,OR 97212 PORTLAND,OR 97219 1S136DC-03509 2S101BA-00300 DORTON CHARLIE R AND MARTIN GORDON S LINDA L 12265 SW 72ND AVE 7075 SW CLINTON STREET TIGARD,OR 97223 TIGARD,OR 97223 1 S 136 DC-04000 1S136DC-03507 ESLINGER CASEY MONFARED FARSHAD& 7140 SW CLINTON ST FARIBA TIGARD,OR 97223 16879 SW KOLDING LN BEAVERTON,OR 97007 1 S 136 DC-03900 1 S 136 DC-03700 FARZA JAVAD MYERS FAMILY LLC 7110 SW CLINTON ST FIVE CENTERPOINTE DR#280 TIGARD,OR 97223 LAKE OSWEGO, OR 97035 1S136DC-03600 • 1S136DC-04100 MYERS FAMILY LLC TLB LLC 12670 SW 68TH PKWY PO BOX 25716 STE#200 PORTLAND,OR 97298 PORTLAND,OR 97223 2S101AB-00302 1S136DC-04402 NORDLING GEORGE DALE& TLB LC JOANNE TRUSTEES PO B 25716 6695 SW HYLAND WAY P TLA D,OR 97298 BEAVERTON,OR 97008 2S101BA-00101 1S1360C-04 0 PACIFIC REALTY ASSOCIATES TL ATTN: N PIVEN PO X 25716 15350 SW SEQUOIA PKWY#300 ORT ND,OR 97298 PORTLAND,OR 97224 1S136DC-03508 1S1 DC-0 300 PETERS ARDEN&SHIRLEY TRUST TLB I BY SHIRLEY SUZANNE PETERS TR PO 25716 7135 SW CLINTON ST RTLA D,OR 97298 TIGARD,OR 97223 1 S 136D D-07001 2S 101 AB-00200 ROTH JACOB T JR&THERESA A TRI-COUNTY CENTER TRUST 12600 SW 72ND AVE#200 8565 SW BARBUR BLVD TIGARD,OR 97223 PORTLAND,OR 97204 1S136DC-02800 2S101BA-00100 SALIMENA JOHN A ET AL TRI-COUNTY CENTER TRUST 7100 SW BAYLOR MARTIN GORDON R TR TIGARD,OR 97223 BY ADAMS&STEWART 8565 SW BARBUR BLVD PORTLAND,OR 97219 2S101AB-00301 1S136DC-04500 SCOTT JOHN D/DEBORA K WINCO FOOD LLC 7085 SW ELMHURST ATTN:SUSAN BUSCHE TIGARD,OR 97223 PO BOX 5756 BOISE, ID 83705 1 S136DD-07300 1S136DC-03500 SORENSEN JOHN A& WINKLER ROBERT G EVANGELINE P LOUELLA D 250 STAMPHER RD 11745 SW 70TH LAKE OSWEGO,OR 97034 TIGARD,OR 97223 1 S136DD-02300 1 S136DC-03506 SPECHT DEVELOPMENT INC YOON SUNG&HAE 15400 SW MILLIKAN WAY 7015 SW CLINTON ST BEAVERTON,OR 97006 TIGARD,OR 97223 2S101AA-02900 1S136DC-03400 TIGARD CORPORATE CENTER ZIEBART DOUGLAS G&MARY LTD PARTNERSHIP 12521 SW 61ST PL ATTN:GREG SPECHT PORTLAND,OR 97219 15400 MILLIKAN WAY BEAVERTON,OR 97006 • Nathan and Ann Murdock • Mildren Designioup 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 I/ CITY OF TIGARD RatmqvirAOPMENT DEPARTMENT OUU EE ARD 'iGA 972 . :. PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: pattv0tigard-or.gov RUEST FOUR 5 OWNER MAtIi Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: Oz- PLEASE BE AWARE THAT OILY 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 project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the u ose o1 providing notice to property owners of the proposed land use application and the decision. T)�ie 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay tor the labels when they are ready. • NAME OF CONTACT PERSON: LA-N s 5-7-cxe PHONE: S70/-se 3 --390o FAX: svy 3— 3700 _ EMAIL: 4-srex cr 7"44 Ruz .c.__ This request may be mailed, faxed or hand delivered to the City of Tigard, Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will Call=' 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 not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. 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. [ ' EXAMPLE' **COST FOR THIS REQUEST *-* 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 g.sheet(s)of labels x$2/sheet= % x sets= 1 sheets of labels x$21sheet for interested parties x 2 sets $ 4.00 �,sheet(s)of labels x$2/sheet for interested parties=$ x sets= < OA GENERATE LIST = $11 00 GENERATE LIST = $11,90- TOTAL = $31.00 TOTAL, r$� P &Appuc,vn of\j esON EREN a_ /VOTES i • • PRE-APPLICATION NOTES May 15,2007 STAFF PRESENT: Cheryl Gaines,Dick Bewersdorff APPLICANT: Jim Lampus TLB,LLC. PROPERTY LOCATION: 11930/11990 SW 72"d Avenue TAX MAP/ LOT#'s: 1S136DC-04300&04402 PROPOSAL DESCRIPTION: To remove the Planned Development overlay from the above parcels to C-G (General Commercial). COMP PLAN DESIGNATION: General Commercial ZONING: C-G (PD) NEIGHBORHOOD MEETING A neighborhood meeting is required for the proposed zone change. NARRATIVE Include a narrative that responds to the applicable review criteria and Comprehensive Plan policies. (Note that this list is intended to provide guidance in preparation of your application,and that additional criteria may be identified dependant upon the nature of the specific application, or as other issues are raised. In other words, this is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met.) Comprehensive Plan Policies: 1, 2, 3, 4, 5, 7, 8,9, & 12 Zoning Map and Text Amendments 18.380.030: Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure,as governed by Section 18.390.050,using standards of approval below. The Commission shall decide zone change applications which do not involve comprehensive plan map amendments. The proposed zone change is a quasi-judicial amendment because the Comprehensive Plan Designation for both the C-G (PD) and C-G is "General Commercial". A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and } • • • 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Section 18.390.050 Decision-Making Procedures (Type III process) Application must include information on the application form, a narrative addressing the relevant criteria in sufficient detail for review and action, the required fee, and an impact study: The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system,including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Approval or denial of a Type III action shall be based on standards and criteria,which shall be set forth in the development ordinance,and which shall relate approval on denial of a discretionary permit application to the development ordinance and,when appropriate,to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the City as a whole; The decision of the Planning Commission in a Type III action is final for purposes of appeal. The decision of the City Council on any Type III appeal is the final decision of the City. Application Fees for a Quasi Judicial Zoning Map Amendment: $3,134.00 Decision timeline is approximately 6 to 8 weeks from receipt of a complete application. PREPARED BY: 6tuA-V- Cheryl Caines Assistant Planner V� c) d//( 93u St„o 7a -, • • PRE-APPLICATION CONFERENCE REQUEST City of Tigard Permit Center 13125 SW Hall Blvd,Tigard,OR 97223 TIGARD• Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Applicant: 7:,t-t.4L troPE1 COJJ 5aCTI FOR STAFF USE ONLY Address: Phone:' -3' City: 71.(442..G3 oQ- Zip: ( 7'-Z-3 Case No.: f " COO 39 Receipt No.: ? Zs 7— /97 Contact Person: 1.4-4 5 ' TO4''r Phone: :5 3 31013 Application Accepted By: ik- Property Owner/Deed Holder(s): Date: 61 07 TL ,F, L LC art j 1 M LAM pI.LS DATE OF PRE-APP.: //S / Address:PJ C. :9( ZS-7(6, Phone: TIME OF PRE-APP.: gi-LX) /t-P---1 City:-Ft.)lLT1.A-&4 Oa_ Zip: 17 VT PRE-APP.HELD WITH: Rev.7/5/06 Property Address/Location(s): c\curpin\masters\land use applications\Pre-App Request App.doc c rzin1&X- 7 Z� o iy eufl4- REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): I S( " E7C 4-20Z. -i- 4402, (Note: applications will not be accepted without the required submittal elements) Zoning: (./'�j - 117 ❑ Pre-Application Conf.Request Form Site Size: L.4..." ( /he C 5 COPIES EACH OF THE FOLLOWING: ❑ Brief Description of the Proposal and any site-specific questions/issues that you would PRE-APPLICATION CONFERENCE INFORMATION like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a minimum of one(1)week ❑ Site Plan. The site plan must show the •••• • • '- •-• •• • --:•• • ,;•• •t -• • - •n to allow proposed lots and/or building layouts drawn staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the streets; and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the street. mornings. Pre-application conferences are one (1) hour long and are typically ❑ Vicinity Map. held between the hours of 9:00-11:00 AM. ❑ The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must • PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.798.080 of the Tigard Community Development Code). ❑ Filing Fee$362.00 • • ATTACHMENT TO PRE-APPLICATION CONFERENCE REQUEST This pre-application conference will address a potential zone change application for property located at the northeast corner of SW 72" Ave and SW Dartmouth St. The current zoning is CG-PD, and the change would be to remove the PD overlay to result in the site being zoned CG. This property has been discussed in several previous pre-application conferences and meetings. The current discussion is a result of the recognition that the recent revisions to the PD section of the Code cannot be implemented on this site, and that they are in fact not intended for commercial property development. This zone change will remove the PD overlay so that the Site Development Review process and Triangle Design Standards will govern the design and procedural aspects of the project. a ' Keynotes hq...-.—. , m. ts Dcel GPXMA , .env ev.v6. I 7650 SW.BevehM.%Me IT I nserd.Organ 97279-66612 SOS 24L I I .1. I : I .le.c00 V =NAL. I I I ((rVWKlaff Iorsn.cV.Sat Thi cU T eA.o&rS e(1nS,.3 W.V). .O.1 VI v, g .... V87 O WM.I. MWc.6M.,0p.0.P0CDW&A0=CC 0 A 1 ° • ...,•'•.:..•. 1 651.7/O001 .20 VIVA Jon>.4 -is STILLS p0501+10 Mill 1. n.(IV..0 TOM . I . ... .. a I STA. „ Kamn I;I I . I I I 1 I -...- -..- .. -1 1 I I -,.. _ ' 1 1, h . 70 . klia. / I 4110 I I *I . . . , , Norwest — 1 ' 4— I L.. 1 ' . .,. II ..... ... 2. II) • . I . . 1 I . 1 i AP- 3 prii m: - P . 2 .1. I . D' I .' me. .. I 4 t a , Porelvd. 97225 " 1 .: ... • .10. c›. : I No ..., –J MI 'MI Mil 1— I .- 1 Gcpooproe:nnet;r:Iltors 72nd and I 4- 1 -• 0. II RN <• - I -. .. 1 I 6.2+ 27+0 1 gra ri . I , — ;e . InTiVirill' .9 9 ids Klawrier ''..4-] mg 9 I j111,:l!,,.--' C• 1111 lin&L -,,...6.• 5 NI : ... i .• 1119N- . minloc,Pr. II le b : um.4 PROPOSED BUILD:N 1 . : . , , Dartmouth Site Plan no;it PROPOSED BUILDING FOOTPRINT AREA I 4G640 SF ,1 mil .# isp:1.1 I • .4 III— • IN . 1 .,. • If, II III0ii ja ..... alt , li II M.#1.4i ,. 2 STORY – 24.000 TOTAL SF rAP:r107_,T=17_.mr,_ - IC., ; 1 k s I/ q',4•7:a ,- \\ ,.....-1 4:11:14,-AMMEMitiNiniii...:01...6"1 • ai-17111rmiliiiiallitstrnsmilialinlowil 1.0* • ..„/ , ........ Rev bev6 72ND AVENUE r ........ . ..._ .. . .... ... . • - ... ... .. . . ... .... . . PROPOSED RAISED • MED BARRIER 07 .••' ...- .......r. .,.... , 1 -- ,...... . / .,.. ;.:1.,,.....z.,.e, ......2...................................._......................... _ ._.......................................____.............. __ . , • D'D.onev''''' °Ch'.6'E'' • 1( Job Number: Site Plan 165I1 ) . I Sheet I I e 1 . • ,i A1.1 r—r-r-24 I ' . May 2007 June 2007 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 115 116 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Tuesday, May 15, 2007 -Pre-Apps CD Meetings Early 8:00 AM 9:00 AM (9:00 AM- 10:00 AM) Lans Stout 503-443-3900 72nd/Dartmouth Zone Change from CG-PD to CG 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM Late Tasks Notes Kristie Peerman 1 5/3/2007-1:30 PM CITY OF TIGARD 5/3/2007 .11111 c 13125 SW Hall Blvd. 1:31:07PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000001978 Date: 05/03/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2007-00039 [LANDUS]PreApp Conf 100-0000-438000 316.00 PRE2007-00039 [LRPF]LR Planning Surcharge 100-0000-438050 46.00 Line Item Total: $362.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check TLB,LLC KJP 1332 In Person 362.00 Payment Total: $362.00 • cReceipt.rpt Page 1 of 1