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Hearings Officer Packet - 02/13/2006HEARINGS OFFICER MONDAY - FEBRUARY 13, 2006 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 RAINBOW PARK AND PLAYGROUND CONDITIONAL USE PERMIT (CUP) 2005-00002 REQUEST: The applicant requests the use of an existing 2,000 square foot commercial building on a .44 acre site for retail sales of playground equipment and the use of an approximately 8,000 square foot portion of the outdoor area of the site for a playground for use by the general public on a fee basis. A conditional use permit is required to allow an outdoor entertainment use in the Mixed Use Commercial zone. LOCATION: The project is located at the southeast corner of the intersection of SW Greenburg Road and Hwy 217, at 9785 SW Shady Lane, WCTM 1S135BD Tax Lot 00200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 1 of 1 • i Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: FEBRUARY 13, 2006 PAGE 1 OF I FILE NAME: RAINBOW PARK AND PLAYGROUND CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2005-00002 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Phone No. ~ I Name, Address, Zip Code and Phone No. B U~~Y u (ve, r s~. tea O2 * I y~ , Ok ~ 47721 --1- l Name, Address, Zip Code and Phone No. 591- 1 Name, Address, Zip Code and Phone No. cc ~t~r~ A I - ~ ~tw arm klt l 1071 p r , dy 9~3~ ~~~-~G 1 Name~Adddrrenss, Zi Code and Phone No. - - - - 1 Name, Address, Zip Code and Phone No. al/~- 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I Name, Address, Zip Code and Phone No. I - - - - - - - - - - - - I Name, Address, Zip Code and Phone No. 1 I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I - - - - - - - - - - - - I - - -I- - - - - - - - - - - - - - - I • 41ITY OF TIGARD COMMUNITY OREGON NEWSPAPEP,S 6605 SE Lake Road, Portland, OR 97222 • PO PUBLIC HEARING ITEM Box 22109 • Portland, OR 97269 The following will be considered by the Tigard Hearings Officer on Phone: 503-684-0360 Fax: 503-620-3433 Mondav Februarv 13. 2006 at 7:00 PM at the Tigard Civic Center Email: - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral legaladvertising@commnewspapers.com 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 adopted AFFIDAVIT OF PUBLICATION by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior State of Oregon, County of Washington, SS to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to I, Charlotte Allsop, being the first duly sworn, the close of the hearing accompanied by statements or evidence depose and say that I am the Accounting sufficient to afford the decision-maker an opportunity to respond to Manager of The Times (serving Tigard, the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community Tualatin & Sherwood), a newspaper of Development Code or Comprehensive Plan at which a comment is general circulation, published at Beaverton, in directed precludes an appeal based on that criterion. the aforesaid county and state, as defined by A copy of the application and all documents and evidence submitted ORS 193.010 and 193.020, that 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 City of Tigard 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 Public Hearing-Rainbow Park & Playground reasonable cost. TT10730 Further information may be obtained from the Planning Division (staff contact: Garv Paeenstecher) at 13125 SW Hall Blvd., Tigard, a copy of which is hereto annexed, was Oregon 97223, by calling 503-639-4171, or by e-mail to published in the entire issue of said ar ti and-or. gy. newspaper for CONDITIONAL USE PERMIT (CUP) 2005-00002 1 * RAINBOW PARK AND PLAYGROUND es REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing commercial building on a .44-acre site for successive and consecutive weeks in the retail sales of playground equipment and the use of a portion of the following issues outdoor area of the site for a playground for use by the general public January 26, 2006 for fee. A conditional use permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot ~0,1 I „ 00200. ZONE: MUC: Mixed Use Commercial District. The MUC 4k V au,4~ zoning district includes land around the Washington Square Mall and- Charlotte Allsop (Accounting Manager) land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, Subscribed and sworn to before me this behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, January 26, 2006 ` 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Publish 1/26/06TT10730 NOTARY PUBLIC FOR OREGON 4~/ ti M1 .__...r My commission expires Ti ..T v1ctM+rr-n" 7 1. - CUP20OS-00002 i Acct #10093001 RAINBOW Pae1 Attn: Accounts Payable AND PLA AND PIAYGROUD City of Tigard 13125 SW Hall Boulevard f ,r Tigard, OR 97223 Size 2 x.10.25 1 Amount Due $171.18 ` f pil remit to address above lILI i~ • 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Stan Nored for a ) FINAL ORDER conditional use permit for an outdoor commercial ) playground and retail sales in existing building ) CUP 2005-00002 at 9785 SW Shady Lane in the City of Tigard, Oregon) (Rainbow Park & Playground) A. SUMMARY 1. The applicant, Stan Nored, requests approval of a conditional use permit (CUP) to use an existing 2000 square foot commercial building for retail sales of playground equipment and the use of an approximately 8000 square foot outdoor area as a playground for use by the general public on a fee basis. The 0.44-acre site is located in the northeast quadrant of the intersection of SW Greenburg Road and SW Shady Lane, at 9785 SW Shady Lane; also known as tax lot 00200, WCTM 1S135DB (the "site"). The site is zoned MUC (Mixed Use Commercial). The proposed indoor retail sales use is permitted in the MUC zone. A conditional use permit is required for the proposed outdoor commercial playground in the MUC zone. 2. City Hearings Officer Joe Turner (the "hearings officer") held a duly noticed public hearing regarding the application. City staff recommended that the hearings officer approve the CUP, subject to conditions. See the Staff Report to the Hearings Officer dated February 6, 2006 (the "Staff Report"). The applicant's representative accepted the findings and conditions of approvals recommended by City staff with certain exceptions. No one else testified orally or in writing other than public agency staff. The principal disputed issues in this case include the following: a. Whether the applicant is required to plant street trees along the site's Greenburg Road frontage; b. Whether the applicant is required to obtain a sign permit to change the existing signs on the site; and c. Whether and to what extent the applicant is required to treat stormwater runoff from the site. 3. For the reasons stated herein, the hearings officer approves the proposed use, subject to the conditions at the end of this final order. B. HEARING AND RECORD HIGHLIGHTS 1. The hearings officer received testimony at the public hearing about this application on February 13, 2006. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer • disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Gary Pagenstecher summarized the Staff Report and responded to issues raised by the applicant. a. He argued that it is feasible to plant street trees along the site's Greenburg Road frontage. The fill slope touches the northwest corner of the site, but there are flat areas near the southwest corner, which can accommodate trees. b. He testified that changes to the existing signs proposed by the applicant may be exempt from sign permit requirements. However there is insufficient information in the record to make that determination at this stage. He requested the hearings officer modify condition 19 to require that the applicant obtain a sign permit or demonstrate that any changes to the existing signs are exempt from permit requirements. 3. Planner Ed Murphy and property owner Stan Nored testified for the applicant. a. Mr. Nored accepted the findings and conditions of approval in the Staff Report with certain exceptions listed by Mr. Murphy. b. Mr. Murphy argued that it is impractical to plant trees along the site's Greenburg Road frontage. Greenburg Road is elevated above the site. The site's "frontage" consists of a 1:1 slope with large rock boulders and fences at the top and bottom of the slope. i. He argued that condition 9 is unnecessary because the applicant is not required to construct half-street improvements. All of the streets abutting the site are fully improved to current City standards. ii. He questioned why condition 11 requires a street addressing fee. The site has an existing address. iii. He argued that proposed changes to the face of the existing signs on the site are exempt from sign permit requirements pursuant to TMC 18.780.060. Therefore condition 19 should be deleted. iv. He argued that the applicant should not be required to treat stormwater runoff from the site. The proposed development will reduce the amount of impervious surface area on this developed site. The cost of installing catch basin stormfilters far exceeds the benefit and may preclude the proposed development. CWS has waived the treatment requirement in other cases. CUP 2005-00002 Hearings Officer Final Order (Rainbow Park & Playground) Page 2 4. City Planning Manager Dick Bewersdorff noted that the Code requires that the applicant plant street trees on all street frontages abutting the site unless the applicant requests and the City approves a variance. He opined that CWS's regulations are not land use standards subject to the hearings officer's review. They are public works standards, subject to approval by the City engineer. 5. City engineer Kim McMillan testified that the City may have "retired" the address of the site, in which case the applicant will be required to pay an address fee for a new address. No fee is required if the existing site address remains valid. a. She noted that the applicant is not required to construct half-street improvements. However the development may require a PFI permit for other work in the public right of way. She requested the hearings officer modify condition 9 to delete the reference to "half-street improvements." b. She noted that the City has an agreement with CWS to implement CWS's regulations. However the City's regulations can be more restrictive than CWS's. CWS has waived the stormwater treatment requirement in other cases where compliance would require regarding the majority of the site. In this case the applicant is only required to install filters in the existing catch basins on the site. The applicant is proposing to "redevelop" the site as defined by CWS's regulations. 6. At the end of the hearing, the hearings officer ordered the public record held open for one week for the applicant to address the stormwater treatment requirements. The hearings officer held the record open for a second week to allow City staff to respond to the applicant's submittal and for a third week for the applicant to submit a final argument. During the open record period the applicant reached an agreement with the City to replace one of the two existing catch basins. See the February 17, 2006 letter from Mr. Murphy and the February 21, 2006 email from Mr. Pagenstecher. Therefore the record in this case closed at 5 PM on February 21, 2006. C. DISCUSSION 1. City staff recommended that the hearings officer approve the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report as amended at the hearing and during the open record period. The applicant accepted those conditions as amended, with certain exceptions. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order. CUP 2005-00002 Hearings Officer Final Order (Rainbow Park & Playground) Page 3 • • 2. The hearings officer finds that the applicant is required to plant street trees along the site's Greenburg Road frontage. TDC 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C. The hearings officer has no authority to waive this requirement except through the adjustment and variance provisions of TDC 18.370. The applicant has no requested a variance application. Therefore the hearings officer must impose a condition of approval requiring that the applicant plant street trees along the site's Greenburg Road frontage. 3. The applicant proposed to utilize the existing pole sign in the northwest corner of the property and the chimney sign on the existing building. The applicant argued that he will only change the copy of the existing signs. Such changes are exempt from sign permit requirements pursuant to TDC 18.780.060.C. The hearings officer finds that there is insufficient evidence in the record to determine whether the planned sign changes fall within the limited exemption standards of TDC 18.780.060.C. Therefore the applicant obtain a sign permit or demonstrate that the proposed changes are exempt from permit requirements. Condition 19 should be modified to that effect. 4. During the open record period the applicant proposed to replace the eastern catch basin on the site with a stormfilter catch basin. See the February 17, 2006 letter from Mr. Murphy. Ms. McMillan accepted the proposed change. See the February 21, 2006 email from Mr. Pagenstecher to the hearings officer. The hearings officer finds that the proposed treatment is adequate to comply with CWS requirements, based on Ms. McMillan's expert opinion. Condition of approval 13 should be modified to that effect. D. CONCLUSIONS The hearings officer concludes that the proposed conditional use permit does or can comply with the applicable approval criteria and standards of the Tigard Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. Therefore the application should be approved subject to such conditions. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2005-00002 (Rainbow Park & Playground), subject to the following conditions of approval: CUP 2005-00002 Hearings Officer Final Order (Rainbow Park & Playground) Page 4 0 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to issuance of building permits, the applicant shall submit a lighting plan for the entire project site. 2. Prior to the issuance of building permits, the applicant shall submit a revised site plan showing the visual clearance triangle for the intersection of the driveway and SW Shady Lane. 3. Prior to the issuance of building permits, the applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. 4. Prior to the issuance of building permits, the applicant shall submit a revised site plan that includes two bicycle parking spaces that are designed and constructed to the standards that are identified in TDC Section 18.765.050. 5. The applicant shall submit a revised landscape plan showing the required street trees on SW Shady Lane and Greenburg Road including information on the species, size, and location of the proposed street trees for the City Forester's review and approval. 6. The applicant shall submit a landscape plan with sufficient detail to demonstrate the parking areas will be effectively screened from view. 7. The applicant shall submit a landscape plan that meets the minimum landscaping and screening standards of the Washington Square Regional Center, TDC 18.630.090. 8. The applicant shall submit a revised site plan demonstrating all service facilities are effectively screened from view. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover any work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.62ard-or.2ov). CUP 2005-00002 Hearings Officer Final Order (Rainbow Park & Playground) Page 5 0 0 10. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be desiggnated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11. Prior to issuance of the Site permit, the applicant shall pay the addressing fee, if required. (STAFF CONTACT: Shirley Treat, Engineering). 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Shady Lane as a part of this project: A. street trees in the planter strip spaced per TDC requirements; B. driveway apron removal and replacement; C. hedges trimmed or removed along east property line. 13. The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d) (2) by either re lacing the east on-site catch basins or constructing a water quality pond or swale. 14. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. 16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 17. Prior to a final building inspection, the applicant shall clearly identify and mark the location of the access drive in accordance with TDC Section 18.765.040(B)(3). 18. Prior to a final building inspection, the site shall be inspected to ensure that curbs or wheel stops are provided as required by the TDC Chapter 18.765. 19. Prior to a final building inspection, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780 and 18.630.070 or demonstrate that proposed changes to the existing signs are exempt from permit requirements pursuant to TDC 18.780.060.C. CUP 2005-00002 Hearings Officer Final Order Rainbow Park & Playground) Page 6 0 s The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 21. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. If a water quality pond or swale is constructed instead of replacing the catch basins the applicant's engineer shall submit a maintenance plan to the City engineering staff for review and approval. 22. Prior to a final building inspection, the applicant's engineer shall provide a final sight distance certification. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. DATED this 7th day of March 2006. ~i J urner, Esq., AICP City of Tigard Land Use Hearings Officer CUP 2005-00002 Hearings Officer Final Order (Rainbow Park & Playground) Page 7 • • "TAB A" Testimony Received at the Public Hearing. Patty. Lunsford - Fwd: Rainbow - final letter • • From: Gary Pagenstecher To: jtpc@verizon.net Date: Tuesday, February 21, 2006 9:31:13 AM Subject: Fwd: Rainbow - final letter Joe, Please find attached a letter from Ed Murphy on behalf of Stan Nored, applicant for the Rainbow Playground Conditional Use Permit. The proposed compromise language on condition 13 requiring one and not two water quality retrofits on the subject site is satifactory to Kim and I, as is the request to waive the comment response periods to facilitate a timely decision. Gary Gary Pagenstecher Associate Planner City of Tigard 503-718-2434 GaryP@tigard-or.gov Page 1 CC: Bewersdorff, Dick; Mcmillan, Kim; murphye@ldcdesign.com • February 17, 2006 Kim McMillan, Development Review Engineer City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 0 RE: Rainbow Park and Playground Conditional Use Permit application CUP2005-00002 Dear Ms. McMillan: BOTTOM LINE On behalf of Stan Nored, the applicant for the Conditional Use Permit, I am submitting this letter offering a compromise on the storm water quality requirements. Mr. Nored agrees to retrofit one of the two catch basins on the site with a pre-fabricated catch basin with a filtration system. Condition #13 should be changed to read as follows: "13. The applicant's plans , shall be revised to provide on-site water quality treatment per CWS Section 3.12 by either replacing the east on- site catch basin or constructing a water quality pond or swale." In a voice mail message to me today, you indicated that you would accept that approach. Therefore, the rest of this letter is background information which may be interesting to the staff or Hearings Officer, as I think it makes some valid points that might be applicable to other similar projects in the future. For this particular project, however, Mr. Nored will accept the revised condition of approval so he can get his Conditional Use Permit application approved as soon as possible. SITUATION In the staff report for this application, staff recommended that the Hearings Officer approve the Conditional Use Permit, with the following condition: "13. -The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d)(2) by either replacing the on- site catch basins or constructing a water quality pond or Swale." The applicant asked the Hearings Officer not to impose that condition. The Hearings Officer questioned whether he even had the authority to rule one way or the other on that condition, as the condition was related to regulations adopted in the Design and Construction Standards for Sanitary Sewer and Surface Water Management, prepared by Clean Water Services and implemented by the City of Tigard. The staff indicated at the hearing that they did not think the Hearings Officer could modify or strike the recommended condition, as it was an engineering standard. The applicant asked the Hearings Officer to leave the record open for one week in order to provide additional written evidence. r cc, Design Group a Pawl company 20085 NWTanasbourne Drive Hillsboro, OR 97124 P 503.858.4242 F 503.645.5500 E hillsboro@ldcdesign.com www.ldcdesign.com Hillsboro, OR Tillamook OR Vancouver, WA Bellevue, WA Coeur d'Alene, ID Sacramento, CA Clermont, FL www.paraticampany.com r ADC ANALYSIS Design Group Does the Hearings Officer have the authority to apply conditions of approval aparadcompaay related to the Design and Construction Standards for Sanitary and Surface Water Management? The Clean Water Services Rules, which were adopted by the County via Resolution and Orders No. 91-47, were adopted by the City as a part of Chapter 12 of the Tigard Municipal Code. Section 12.02.040 states "Clean Water Services Resolutions and Orders No. 91.47 (excluding Chapter 2) as amended, Construction Standards and Regulations pertaining to sanitary sewerage and storm and surface water management systems are adopted and shall be in full force and effect as part of this code". The Tigard Development Code references the same regulations in Chapter 18.810.160.8., which states that the "Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer". These regulations are, . therefore, an extension of Title 18, the Development Code, and more specifically, Chapter 18.800 Street Utility Standards. In my opinion, this gives the Hearings Officer the authority to decide what storm water quality standards are appropriate, in the same way that the Hearings Officer can decide whether a sidewalk has to be constructed. If the Hearings Officer does not have the authority to impose, modify or delete a recommended condition of approval, staff should not have recommended it as a condition of approval. Making it a condition of approval suggests not only that the Hearings Officer has the authority to impose the condition, but also suggests that the imposition of that condition could be appealed. Does the Design and Construction Standards Manual or any other City ordinance. state how to handle disagreements on the requirements? No. Section I.B. of original regulations adopted by the Unified Sewerage Agency in 1994 (Ordinance #27) included a section on administrative appeals. Neither the Design and Construction Manual, or Chapter 12 of the Municipal Code, provides any such procedures. The Development Code does have procedures for reviewing land use applications, however, including appeal procedures. One of those procedures. is to have the Hearings Officer review recommended conditions of approval for a Conditional Use application and decide, as part of the land use decision, whether to accept staff's recommended conditions, modify them, or reject them. Assuming the Hearings Officer agrees that he has the authority to decide whether or not to require water quality facilities as a condition of approval of this Conditional Use Permit, do the standards set forth in the Manual apply to the proposed redevelopment of this site? Yes. The redevelopment of this site would be considered "development", and any development activities is subject to the standard design requirements of Chapter 3 of the Manual, Storm and Surface Water Rules (see Section 3.01 of the Manual) 2 DC Are storm water quality facilities required by the Design and Construction Manual? Design Group No, not in this case. The section of the Manual that the proposed condition #13 of aPawl CMXIW refers to, Section 3.12(d)(2), simply explains how to determine the sizing of storm water quality facilities, if they are required. It does not require the facilities. Other sections of Chapter 3 give guidance as to whether storm water quality facilities are required, such as the following: 3.12.a. Purpose. Owners of new development and other activities which create new impervious surfaces or increase the amount of stormwater runoff or pollution leaving the site [italics and bold added] are required to construct or fund permanent water quality facilities to reduce contaminants entering the storm and surface water system. 3.12.c. Design Standards 1) -The stormwater quality facilities shall be designed to remove 65 percent of the total phosphorous from the runoff from 100 percent of the newly constructed impervious surfaces [italics and bold added]. These sections indicate that no storm water quality facilities are required if there is no increase in impervious surface. In fact, nowhere in the manual does it explicitly state that storm water quality facilities are required when the impervious surface area is reduced; it seems to say just the opposite. Is there a precedent of not requiring water quality facilities? Yes. In an e-mail from Terry Keyes, Clean Water Services, to Kim McMillan, Terry states that CWS "has been known to use some discretion when the redevelopment of a site is very minor. For example, we have entertained allowing the worse area of a private site to be treated with Stormfilter catch basins rather than requiring the entire site to be treated. We have also not required treatment when the Droiect reduced impervious surface [underline added] or was very, very minor compared to the size of the site". (The second part of the sentence apparently refers to an increase in impervious surface area that is minor in size compared to the size of the entire impervious surface.) In this case, the applicant is altering only 3.4% of the site, and reducino the. square footage of the impervious surface by 367 square feet. Can the City require storm water quality Improvements even though the Manual does not seem to require such improvements in this case, and there is precedent for not requiring storm water quality improvements on sites that reduce the amount of impervious surface? Yes. There is some discretion involved in the requirements. In this case, the City could decide not to require any improvements, could require different types of facilities, or could require a broad range of improvements. The City cannot reduce the requirements below the standards contained in the Manual, but they can impose requirements more stringent than the Manual, or than what Clean Water Services might impose if this site was in unincorporated Washington County. • • In this case, when the Manual not clear, or there is honest disagreement over what the Manual requires, staff - and the hearings Officer - can exercise their discretion and best judgment. POLICY ISSUES If the Manual does not seem to require storm water quality improvements (or at best is ambiguous) but the staff and Hearings Officer can require such improvements anyway, the question is, should they? This is more a matter of policy should the City require storm water quality improvements as a condition of approval of the redevelopment of this site? In my opinion, no. Even though these questions might be considered policy questions, rather than simply an application of the Development Code, they may help inform the decision on how to apply ambiguous regulations in this instance. The requirement has little or nothing to do with the Conditional Use Permit. A Conditional Use is a use that is being reviewed because there may be impacts associated with that use that a use permitted outright would not have ...bright lights, noise, vibrations, glare, etc. Generally, conditions are imposed to mitigate those types of impacts to ensure that the impacts are no greater than the Impacts of a permitted use. In this case, there are no impacts that would require special conditions, as staff has noted on page 14. None of the neighbors have expressed any concerns about impacts to their properties or the neighborhood. 2. Any conditions of approval should be related to the impacts caused by the development or redevelopment of a site. The redevelopment will be less impactful to the storm water system than the current development of the site, and to past uses of the site. As an example, no Transportation Impact Fees are required if a proposed development is less impactful that the existing or past development. 3. The site has been used as a commercial use since 1971. The redevelopment will reduce the amount of impervious surface, as well as making other substantial improvements to the site, such as closing the west driveway. 4. Not requiring water quality improvements is consistent with other decisions made under the same regulations. Not requiring storm water quality in this case is consistent with past decisions (at least Clean Water Services decisions), and would not be setting a precedent that would be difficult or unwieldy to apply in other cases that are similar in nature. 5. The costs of providing storm water quality improvements seems disproportionate to the project impact. In this case, it will cost $20,000 to retrofit two existing catch basins with filters. When all the applicant is doing is providing outdoor equipment for rent, plans to use the existing building with no modifications, and is reducing the amount of pavement area, the cost is disproportionately high. 6. Not imposing water quality requirements facilitate the redevelopment of this vacant property. The applicant wants to use the site for something Design Group a Parat) company 4 " IV • • that is meets the Conditional Use criteria, would improve the neighborhood, would provide a service that is not currently provided elsewhere in the City. He is agreeing to close the driveway, eliminating a potential safety hazard that has been there for 35 years. He agrees to plant street trees, and to improve the landscaping. But a $20,000 cost Impact could make redevelopment of this site too expensive to make economic sense. PROPOSAL Although the applicant believes that no storm water quality facilities should be required In this case, he is willing to offer a compromise. In the spirit of cooperation, and in order to expedite approval of the Conditional Use Permit application without further delay, the applicant is willing to retrofit one of the two catch inlets with a storm water treatment system, such as a small, prefabricated catch basin that uses a passive filtration system. The catch inlet on the east side is the inlet that will receive the most pollutants, since the runoff from the parking. lot will drain into that catch basin. The other catch basin, on the west side, will receive runoff only from the outdoor play area, which will be covered with wood fiber. The wood fiber itself will act as a filter. Therefore, retrofitting the west catch inlet is unnecessary and would have very little impact on the quality of the storm water runoff from the site. The condition of approval should be revised to read as follows: Current language: "13. The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d)(2) by either replacing the on-site catch basins or constructing a water quality pond or swale." Proposed language: "13. The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12 by either replacing the east on-site catch basin or constructing a water quality pond or swale." REQUEST If the staff is amenable to revising the condition of approval, the applicant requests that the staff waive the seven day response time allowed by the Hearings Officer, and the applicant will also waive the seven day closing argument time allowed. Mr. Nored requests a decision as soon as possible in order to be able to. proceed with the project as soon as possible. D BY TMurphy LDC Design Group Design Group a Farad company cc. Stan Nored, Rainbow Park and Playground I<irn Mcmillan f RE Rainbow Park and Pla ground -CUP 2005 00002 I51 From: "Terry Keyes" <KeyesT@CleanWaterServices.org> To; "Kim Mcmillan" <Kim@tigard-or.gov> Date: 11/2 PM Subject: R . Rainbow Parka Playground - CUP 2005-00002 Kim, Here is how I explain the redevelopment rules in the standards: The standards provide a definition of redevelopment (Sec. 1.02.47) which includes most anything that changes the existing impervious area on a site. Section 1.02.14(a)(10) then includes redevelopment in the definition of development. In regard to sensitive areas and buffers, the standards have a 10% threshold for changes to impervious surfaces (Sec. 3.02.1(e)(2)). This 10% threshold does NOT exist for addressing water quality and quantity issues. Therefore, the following sections must be met by redevelopment projects: 3.05.3 - Review of Downstream System This section states that creation of more than 5,000 sq. ft. requires review of the downstream system. If an applicant is merely moving surfaces around, e.g., reconfiguring a parking lot, and not adding more than 5,000 sq.ft. of new impervious surface, then they are off the hook for a downstream analysis. 3.11.3 - Water Quantity Facility Design Criteria Since redevelopment is a subset of development, this section can be used to require quantity control for a project. However, since the detention calcs are based on an increase in impervious area, projects which reduce impervious areas do not need to deal with quantity. 3.12(d)(2) - Water Quality Facility Design Standards This section requires developments (which include redevelopment) to size water quality facilities for newly created impervious surfaces AND existing impervious areas to remain on site. We have been known to use some discretion when the redevelopment of a site is very minor. For example, we have entertained allowing the worse areas of a private site to be treated with Stormfilter catch basins rather than requiring the entire site be treated. We have also not required treatment when the project reduced impervious surface or was very, very minor in scope compared to the size of the site. I hope this helps in answering Ed's questions. Terry W. Keyes, P. E. Development Services Manager Clean Water Services 503-681-3650 keyest@cleanwaterservices.org -----Original Message----- From: Kim Mcmillan [mailto:Kim@tigard-or.gov] Sent: Monday, November 21, 2005 9:37 AM To: Terry Keyes Subject: Fwd: Rainbow Park and Playground - CUP 2005-00002 Page 1 5573D zoo 'Kim Mcmillan RE: Rainbow Park and Playground - CUP 2005,00002 Terry, I'm trying to be diligent in having "development" provide for water quality. Could you read Ed's e-mail and let me know what you think. have told him to provide water quality for all impervious surface area runoff. Again, I am willing to look at what can be reasonably accomplished. Thank you, Kim "Ed Murphy" <MurphyE@Idcdesign.com> 11/18 4:20 PM Hi Kim. I received your completeness checklist dated 11-15-05. Under Storm Drainage and Water Quality, you wrote "Must provide water quality treatment for all impervious surface area, existing and proposed", and "Show water quality facility". I reviewed the Clean Water Services Design and Construction Standards manual, and spoke to Jackie Humphreys at Clean Water Services (503) 681-5101. The site is being redeveloped, as defined in Section 1.02.47, mostly because it includes reconfiguration of an existing driveway, which thereby alters the existing improved impervious area on the property. For redevelopment activities, Section 3.02.1.e.2) applies, which states that Section 3.02 shall apply only when the activity alters 10% or more of existing improved impervious area within 100 feet of the Sensitive Area. The subject property is over 100 feet from a Sensitive Area. We submitted a SPL from CWS's with our application, which says that any sensitive area appears to be at least 200 feet away. Further, the applicant is proposing to alter less than 10% of the existing, improved impervious area. (It is actually 3.4%. There will be 95 square feet of impervious surface added, but 462 square feet of impervious surface removed, for a net reduction of impervious surface of 367 square feet.) Jackie says that it would appear to her, based on the fact that the site is over 100 feet away from a sensitive area and we are altering less than 10% of the existing improved impervious area, that storm water quality facility would not be required. But she said the City may require it, even if CWS's would not. So my question is, is the City planning to require storm water quality treatment, even though CWS's would not in this case? If not, may we simply reference the Code section numbers and our calculations to show it storm water quality treatment is not required by the Manual when we resubmit our application? Page 2 Kim Mcmillan - RE: Rainbow. Park and Playground CUP 2005-00002 Page 3 On a different subject, I reviewed the City maps of Shady Lane, looking for the location of the sanitary sewer line. The maps do not show any sewer line in the street ...just water and storm water lines. Since it is a pre-existing use, and since the City maps do not show the sewer line, can we just note that in our application? No changes to the restrooms are planned, so I don't think this is a critical bit of information. If you think we need to show it, could you help by finding a map showing a sewer line in Shady Lane and faxing it to me or leaving it at the counter so I can pick it up?. Thanks Kim. We eagerly await your response. Ed Ed Murphy Comprehensive Planning Manager direct line: 503-352-1136 cell phone: 503-314-0677 e-mail: murphye@ldcdesign.com <mailto:k@ldcdesign.com> LDC Design Group 20085 NW Tanasbourne Drive Hillsboro, Oregon 97124 t: 503.858.4242 f: 503.645.5500 e: hillsboro@ldcdesign.com <mailto:revellc@ldcdesign.com> w: www.ldcdesign.com <http://www.ldcdesign.com/> Kim Mcmillan - RE: Rainbow Park and Pla ground -CUP 2005-00002 Page 4 OR: Hillsboro, Tillamook I WA: Vancouver, Bellevue I ID: Coeur d' Alene CA: Sacramento I FL: Clermont DISCLAIMER: This message is intended for the sole use of the individual to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. CC: "Marvin Spiering" <SpieringM@CleanWaterServices.org>, "Jackie Humphreys" <HumphreysJ@C lea nWaterServices.org>, "Astrid Dragoy" <DragoyA@CleanWaterServices.org> • "TAB B" • Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. • Agenda Item: Hearing Date: STAFF REPORT TO THE HEARINGS OFFICER • 2.1 Februarv 13, 2006 Time: 7:00 PM CITY OF TIGARD Community Development FOR THE CITY OF TIGARD, OREGON S&TinyA Better Community 120 DAYS = 4/11/2006 SECTION I. APPLICATION SUMMARY FILE NAME: RAINBOW PARK AND PLAYGROUND CASE NO: Conditional Use Permit (CUP) CUP2005-00002 APPLICANT: Stan Nored OWNER: Donald & Marlene Huggins Rainbow Park & Playground Co. PO Box 1503 90496 Hwy 99 N., Suite 2 Polson, MT 59860 Eugene, OR 97402 APPLICANT'S Ed Murphy REP.: LDC Design Group 20085 NW Tanasbourne Drive Hillsboro, OR 97124 PROPOSAL: The applicant requests the use of an existing 2,000 square foot commercial building on a .44 acre site for retail sales of playground equipment and the use of an approximately 8,000 square foot portion of the outdoor area of the site for a playground for use by the general public on a fee basis. A conditional use permit is required yo allow an outdoor entertainment use in the Mixed Use Commercial zone. LOCATION: The project is located at the southeast corner of the intersection of SW Greenburg Road and Hwy 217, at 9785 SW Shady Lane, WCTM 1S135BD Tax Lot 00200. COMPREHENSIVE PLAN AND ZONING DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: Rainbow Park & Playground PAGE 1 OF 25 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: The applicant shall prepare a cover letter and submmit it, along with any suUpporting documents and/or that the follwi PLANNING DIVISION, ATTN: Gary Pasenstecher 503-63994171 EXT 2434• The co er letter shall clearly identify where in the submittal the required information is found: 1. Prior to issuance of building permits, the applicant shall submit a lighting plan for the entire project site. 2. Prior to the issuance of building permits, the applicant shall submit a revised site plan showing the visual clearance triangle for the intersection of the driveway and SW Shady Lane. 3. Prior to the issuance of building permits, the applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. 4. Prior to the issuance of building permits, the applicant shall submit a revised site plan that includes two bicycle parking spaces which are designed and constructed to the standards that are identified in TDC Section 18.765.050. 5. The applicant shall submit a revised landscape plan showing the required street trees on SW Shady Lane and Greenburg Road including information on the species, size, and location of the proposed street frees for the City Forester's review and approval. 6. The applicant shall submit a landscape plan with sufficient detail to demonstrate the parking areas will be effectively screened from view. 7. The applicant shall submit a landscape plan that meets the minimum landscaping and screening standards of the Washington Square Regional Center, TDC 18.630.090. 8. The applicant shall submit a revised site plan demonstrating all service facilities are effectively screened from view. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering De artmer NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tiaard-or.aov). 10. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who wi a designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11. Prior to issuance of the Site permit, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). Rainbow Park & Playground PAGE 2 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Shady Lane as a part of this project: A. street trees in the planter strip spaced per TDC requirements; B. driveway apron removal and replacement; C. hedges trimmed or removed along east property line. 13. The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d) (2) by either replacing the on-site catch basins or constructing a water quality pond or swale. 14. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. 16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI' permit drawings. The plan shall conform to the "Erosion Prevention and Sedimen Control Design and Planning Manual, February 2003 edition." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-6394171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 17. Prior to a final building inspection, the applicant shall clearly identify and mark the location of the access drive in accordance with TDC Section 18.765.040(B)(3). 18. Prior to a final building inspection, the site shall be inspected to ensure that curbs or wheel stops are provided as required by the TDC Chapter 18.765. 19. Prior to a final building inspection, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780 and 18.630.070. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINV ERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 21. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. If a water quality pond or swale is constructed instead of replacing the catch basins the applicant's engineer shall submit a maintenance plan to the City engineering staff for review and approval. 22. Prior to a final building inspection, the applicant's engineer shall provide a final sight distance certification. Rainbow Park & Playground PAGE 3 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The su tb ect .44-acre property is located at the intersection of Highway 217, SW Greenburg Road, and Shady Lane. The property is flat and slopes gently to the southwest. The site has =c previously developed with an approximately 2,000 square foot building, a parking area, aping, and a canopy over what used to be a fueling area when the site was used as service station between 'f971 and 1988. Since 1989, the site has been used for vehicle storage, sales, and rentals. The property is currently vacant. Vicinitv Information: The subject property is surrounded by commercial uses and major roads. There are two office buildings and a small convenience store across Shad Lane to the south. To the east is a medical office and clinic. The property is bordered by Greenburg Road to the west and the on-ramp to Hwy 217 on the north. Greenburg Rod and the Hwy 217 on-ramp are elevated roads adjacent to the site to facilitate the grade separation of Greenburg and 217. T Site Information and Proposal Description: The applicant proposes to use the existing building for retail sales with cosmetic modifications and use the outdoor area of the site for the play ground and parking. The use of the existing building for retail sales is permitted outright. The proposed use of a portion of the site for outdoor entertainment requires a conditional use permit. Rainbow Park and Playground Company sells playground equipment as well as spas, awnings, picnic tables and other outdoor equipment. According to the applicant's narrative the business plan is based on similar stores in east Portland and Eugene. The applicant proposes to set up the play equipment for children 3 to 12 years old. The facilities will be available for reserved special events such as birthday parties on a fee basis during regular business hours 10:00 a.m. to 6:00 p.m. Tuesday through Saturday and noon to 4 p.m. Sunday for "open play". The applicant states that the equipment in the play area is not for display and is not for sale and asserts, therefore, that the outdoor use of the facility constitutes outdoor entertainment, a commercial use allowed conditionally in the MUC zone. Outdoor sales is a use prohibited in the MUC zone. SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE Use Classification: Section 18.130.020 Lists the se C-aFegories. The applicant is proposing to use the existing building for retail sales and a portion of the outdoor area for outdoor entertainment. Retail sales is a use permitted outright in the MUC zone. Outdoor entertainment is permitted conditionally. Outdoor entertainment is defined in TDC 18.130.020.C.3.b as facilities with extensive outdoor facilities including outdoor tennis clubs, golf courses and shooting ranges. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO process with a hearing and decision by the Tigard Hearings Officer. Rainbow Park & Playground PAGE 4 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • SECTION V. SUMMARY OF APPLICABLE CRITERIA H summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. 18.330 Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) Additional Development Standards) B. Applicable Development Code Standards 18.360 ~bevelopment-Review) 18.520 Commercial Zoning Districts) 18.630 Washington Square Standards) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid-Waste and Recyclable Storage) 18.760 Nonconforming Situations) 18.765 Off-Street Parking and Loading Requirements) 18.775 (Off-Street Parking) 18.780 Signs) 18.790 Tree Removal) 18.795 Visual Clearance) C. Street and Utility Im rovement Standards (18.8101 D. >Impact u v SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Pursuant to TDC Table 18.520.1, "outdoor entertainment" requires a Conditional Use permit in the MUC zone subject to special development standards contained in TDC 18.630. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 118.330.0311A and subject to other requirements in Chapter 18.330. The applicant has proposed a new conditional use, which is being processed as a Type III-HO procedure and is subject to the approval criteria contained in Section 18.330.030.A and other applicable requirements in said chapter as reviewed below. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 The site size andl dimensions provide adequate area of The needs o#Tne proposecfuse; The existing site size is .44 acre or 19,160 square feet in size. In addition to the existing building, the proposal includes approximately 8,000 square feet of the site for use as a lay ground. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and this report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; Rainbow Park & Playground PAGE 5 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The subject site is currently developed with a building, canopy, and paved surface areas. The flat site is highly visible andlarge enough for the proposed retail and outdoor entertainment uses as indicated in the application. The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and The site is fully developed and served by public facilities. All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the MUC zoning district. As indicated earlier, retail sales are permitted outright and outdoor entertainment is permitted conditionally. As discussed later in this report, the project will meet the applicable requirements of the zoning district. The applicable requirements of 18.330.050. Section 18.330.050 contains additional development standards for conditional use types. The proposed outdoor entertainment type is not a listed use under this section. Therefore, this standard does not apply. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review;; 18.390 Decision Making Procedures; 18.520, Commercial Zoning Districts; 18.630, Washington Square Regional Center; 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.760, Nonconforming Situations; 18.765, Off-Street Parking; 18.780 , Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.350, Planned Development; 18.370, Variances and Adjustments 18.380, Zoning Map/Text Amendments; 18.410, Lot Line Adjustments; 18.420, Land Partitions; 18.430, Subdivisions; 18.510, Residential Zonin Districts; 18.530, Industrial Zoning Districts; 18.620, Tigard Triangle Design Standards; 18.64 Durham Quarry Design Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730, Exceptions to Development Standards; 18.740, Historic Overla ; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.755, MixedSolid Waste and Recyclables Storage;18.775, Sensitive Lands; 18.785, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. Rainbow Park & Playground PAGE 6 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. Section 18.330.030.13 sates tfaf IFe Hearings A-uThority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; The applicant has indicated hours, days, and manner of operation. For retail sales and outdoor use of the playground equipment, the proposed hours of operation are normal business hours (10:00 a.m. to 6:00 p.m. Tuesday through Saturday). The facility will also be open noon to 4:00 p.m. Sunday for open play and special events. There is no evidence in the record to suggest that there is a need to limit the hours, days, place and or manner of operation for the impacts of the proposed use on the surrounding uses and public facilities. However, it is appropriate to require a certain minimum hours of operation to ensure that the outdoor playground is actively used for "outdoor entertainment", without which the use would default to "outdoor sales", which is prohibited in the zone. Staff finds the applicant's narrative addresses this issue satisfactorily. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for the use. The applicant has proposed a landscape plan that incorporates most of the existing vegetation and a lot of new screening that should assist in mitigating any adverse impacts. The noise from Hwy 217 and Greenburg Road can be expected to generate more noise than this use. This criterion is satisfied. Requiring additional setback areas, lot area, and/or lot depth or width; The lot is large enough to accommodate the outdoor entertainment use as proposed. The proposed use will meet or exceed the setbacks of the underlying zone as discussed later in this report. This criterion is satisfied. Limiting the building height, size or lot"coverage, and/or location on the site; The applicant has indicated that the existing building will not be changed except for cosmetic improvements. This criterion is satisfied. 'Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to remove one of the two existing access points to the site from Shady Lane. Access is discussed in more detail later in this report. Requiring street right-of-way to be dedicated and street(s) to be improved; The applicant has proposed to dedicate and improve Shady Lane as necessary. The specifics of the improvements are discussed in more detail in the street and utility section of this report. This criterion is satisfied. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposal will meet the prescribed requirements of the TDC. Limiting the number, size, location, height and/or lighting of signs; Rainbow Park & Playground PAGE 7 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The applicant has proposed that the existing pole sign in the northwest corner of the property and the chimney sign on the existing building will be utilized and that another pole sign on SW Shady Lane will be removed. Compliance with the sign requirements for the underlying zone will be considered once a sign application is submitted and a design is reviewed. The applicant will be required to apply for a sign permit for this site. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has indicated in the narrative that the parking lot will be lighted with the existing lights under the canopy and another in the northwest corner of the site. However, these lights are not shown on the site plan. Staff cannot assure that lighting from the site will not produce glare onto neighboring properties or create a safe nighttime environment for patrons of the facility based on the applicant's description of lighting for the facility. Therefore, the applicant shall submit a lighting plan for the entire project site for approval. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; The applicant has proposed to amend the existing landscaping to screen the parking areas from surrounding properties and SW Shady Lane. As discussed further in this report in the landscaping section, additional screening will be required. Requiring and designating the size, height, location and/or materials for fences; The applicant is not proposing any fences for the site. This criterion is not applicable. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The site has been fully developed. The applicant's Existing Conditions plan identifies a number of trees at the perimeter of the site. The applicant does not intend to remove any of these trees. Other than the landscaped areas at the perimeter of the site, there are no natural resources to protect or preserve. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The subject site is approximately 290 feet north of the floodplain of Ash Creek, a tributary to Fanno Creek. Shady Lane is located between the site and Ash Creek. The project is not located in the 100-year floodplain. No land form alterations are proposed in this application. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject site is not within or adjacent to the floodplain for Ash Creek. FINDING: The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. Staff recommends the Hearings Officer require conditions of approval for additional screening of the parking lot from SW Shady Lane, a detailed sign application, and a lighting plan. Discussion of these issues and recommended conditions of approval are included under Section B, below. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050 There are no additional development standards for commercial outdoor entertainment that require conditional use approval. This section is not applicable. Rainbow Park & Playground PAGE 8 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW (18.3601 pursuant to 18.360.050, the proposed development is a minor modification to an existing development. According to 18.360.060.C. a minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that the proposal is consistent with the applicable requirements of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. COMMERCIAL ZONING DISTRICTS 18.520 MUL'Mixed-Dse Commercia District. e MUC zoning district includes land around Fe Washington Square I fan andnand immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed- use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. Section 18.520.050 States that development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD Minimum Lot Size Average Lot Width Minimum Setbacks - Front yard - Side facing street on corner & through lots - Side yard - Side or rear yard abutting more restrictive zoning district - Rear yard - Distance between front of garage & property line abutting public or private street. Minimum/Maximum Height Maximum Site Coverage Minimum Landscape Requirement MUC I None I None 0ft[19] 0ft[19] 0 ft [19/20] 0 ft [19/20] NA 12 stories/200 ft 185% 115% IPROPOSED NA NA 86 ft 40-60 ft 16 ft NA loft NA 1 story existing 83.1% 16.9% [19] For Commercial and Mixed-use developments, the maximum front and street side yard setback is 10 feet. [20] Side and rear yard setbacks shall be 20 feet when the zone abuts residential districts shown in Section 18.510.020 except R-25 and R-40. FINDING: Based on the information provided in the narrative and on the site plan, the development standards in the MUC zone are not satisfied. However, pursuant to 18.630.020 below, for existing non-conforming structures, these standards need not be met. WASHIGNTON SQUARE STANDARDS 18.630 18.630.020 evelopmentS7tanda-r s. All development must comply with all applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or ad, ustments in accordance with Chapters 18.370, and Sub-Sections C through E of this Section, and all other applicable standards and requirements contained in this title. The proposed development is a change in use for an existing building. Minor changes to the site access, parking and landscaping are proposed. No variances or adjustment are proposed. The proposed project is not a phased development nor does it contain a residential use. Density for the subject site is 1.25 FAR. However, pursuant to 18.63.020.6 below, existing developments which do not meet the standards may continue to exist and be altered consistent with 18.630.030. The proposed development is consistent with the applicable standards of the Tigard Development Code as reviewed in this staff report. Rainbow Park & Playground PAGE 9 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 • Development Standards. Development standards which apply within mixed-use zones in the Washington Square Regional Center are contained in Table 18.520.2. Existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject to the provisions of Section 18.630.030. The proposed development is a change in use for an existing building. Certain changes to the site are proposed consistent with the applicable standards of the Tigard Development Code as reviewed in this staff report. 18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional Center Mixed Use Districts: Notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. According to Washington County records, the use lawfully in existence as of February 22, 2002 was office and auto rental (NW Auto Rental), which had existed since 1989 when the use changed from an auto service station. No changes other than cosmetic improvement are proposed to the structure. The proposed site improvements include access changes and landscaping limited to the subject property area, consistent with this standard. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. The proposed development is a change in use including retail sales and outdoor entertainment, but no enlargement of the existing building, consistent with this standard. 18.630.050 requires all development to meet specific site design standards. The standard for a walkway connection is applicable and is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.13 and Table 18.520.2. The applicant has proposed and has shown on the preliminary development plan a six-foot wide walkway connection between the sidewalk on Shady Lane and the front of the existing building, consistent with this standard. 18.630.060 requires all new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.370.010.C.2, criteria for granting a variance, is satisfied. No new buildings are proposed, therefore, this standard is not applicable. 18.630.070: In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: 1. non-residential developments within the MUC zone shall meet the sign requirements for the commercial zones, Section 18.780.130.C; 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded. No area limit increases will be permitted. Rainbow Park & Playground PAGE 10 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roofline of the wall on which the sign is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Washington Square Regional Center shall not be permitted within required L-1 landscape areas. The proposal includes use of the existing free standing pole sign in the northeast corner of the site and the wall sign that is on the Chimney area of the building. The other existing free standing sign on Shady Lane will be removed. Pursuant to 18.630.030 the use of these structures may continue. 18.630.090 Landscaping and Screening Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the g-1 standard applies to setbacks on mayor and minor arterials, and where parking. lots abut public streets. Where the setback is a minimum of 5 feet between the arng lot and a street, trees shall be planted at 3'/z inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. 2. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 21/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The proposed site is bordered on the south by SW Shady Lane, a local street. The applicant's narrative states and the site plan shows new street trees, 31/2 inch caliper, spaced at approximately 28-foot centers. The narrative states shrubs will provide adequate screening but does not provide specifications to ensure the standard will be met. The proposed 9-space parking lot does not contain any trees. At least one tree would be required to meet the minimum spacln standard. Therefore, the applicant will be conditioned to submit a landscape plan that meets?he minimum landscaping and screening standards. FINDING: The applicable Washington Square Standards have not all been met. With a condition of approval for the landscaping standards, the proposed development may be met. CONDITION: The applicant shall submit a landscape plan that meets the minimum landscaping and screening standards of the Washington Square Regional Center,TDC 18.630.090. ACCESS. EGRESS AND CIRCULATION (18.7051 No ui ing or other permit s a be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant submitted an existing conditions plan that shows the two access points on SW Shady Lane. The applicant proposes to eliminate the western access and retain the east access to the existing parking lot. This criterion is satisfied. Rainbow Park & Playground PAGE 11 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Shady Lane, a public street, and the existing access connects directly with the site. This criterion is satisfied. Required Walkway Location On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant has indicated that a concrete walkway will be extended from the entrance of the existing building to SW Shady Lane. This criterion is satisfied. Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; This criterion is in applicable to this proposal. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; The applicant's plans show there are no required walkways crossing the vehicular access or parkin area. The plans indicate the proposed sidewalks are concrete and six feet in width consistent with this standard. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposing to construct all sidewalks with concrete materials, and the existing canopy lighting will light the proposed walkways, consistent with this standard. FINDING: As proposed, the applicant's plans meet the applicable access/egress standards. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. CTS Engineers has provided preliminary sight distance certification for the proposed driveway. The applicant's plans indicate the two existing driveways will be removed and a new driveway constructed 22.5 feet west of the east propert line. The posted speed is 25 mph, requiring 280 feet of intersection sight distance in botF~ directions along Shady Lane. The engineer's preliminary assessment indicates that available sight distance to the west is at Rainbow Park & Playground PAGE 12 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • least 280 feet, which is well into the intersection. Available sight distance to the east is currently only about 115 feet due to a tall row of hedges and vehicles parked on the north side of Shady Lane. In order to achieve adequate sight distance to the east, the engineer recommends trimming or removing a portion of the hedges and establishing a "No Parking" zone on the north side of Shady Lane. Discussions with the City Engineer and with a Washington County LUT Engineer have clarified that parked vehicles are not usually considered a sight distance issue requiring posting of "No Parking " signs. The applicant shall trim or remove a portion of the hedges in order to improve sight distance. Upon completion of the improvements within the public ROW, the applicant's engineer shall submit a final sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the a plicant's traffic engineer. In a case where a project has less than 150 feet of street frrontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The plan shows that the proposed driveway onto SW Shady Lane is located approximately 160 feet from the intersection of Greenburg Road, consistent with this standard. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Shady Lane is classified as a Neighborhood Route; therefore this criterion does not apply. FINDING: As the above analysis shows, the proposed development does not meet all of the access and egress standards. However, with the following conditions of approval, the standards can be met. CONDITIONS: ♦ The applicant shall trim or remove a portion of the hedges in order to improve sight distance. The applicant's engineer shall also submit a "No Parking" plan to improve sight distance for the City Engineer's review and approval. 1 I----- __"_----a[--- -r it-- ---------------i- ---=iL LI__ I'_ r1-%IA/ 1L_ ♦ upon completion of the Improvements within the public ROM the applicant's engineer shall submit a final sight distance certification. ENVIRONMENTAL PERFORMANCE STANDARDS - CHAPTER 18.725: Requires tYaa Teeaeral and-sTate environmentallaws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Rainbow Park & Playground PAGE 13 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 0 Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from this specific development. FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. LANDSCAPING AND SCREENING - CHAPTER 18.745: Street trees: motion 18.745.040 s ates that a development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.~ 45 .040.C required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The project has frontage on SW Shady Lane and Greenburg Road. The applicant has indicated in the narrative and on the site plan that they intend to plant street trees along that frontage of SW Shady Lane, but has not address the parcel's Greenburg Road frontage. In addition, the applicant has not provided the species name of the trees to be planted. Staff cannot make findings that this criterion is satisfied. Therefore, the applicant shall submit a revised landscape plan showing the required street trees on SW Shady Lane and Greenburg Road including information on the species, size, and location of the proposed street trees for the City Forester's review and approval. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The existing building is in the MUC zone and is adjacent to other developments in the same zone. The only requirement applicable to this development is the screening of the parking areas which is discussed in the next segment of this discussion. This criterion is satisfied. Rainbow Park & Playground PAGE 14 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features, which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; The applicant has provided a site plan that shows existing and new landscaped areas with trees. However, the parking areas need to be effectively screened from view. There is no evidence in the file that the southern border of the parking area along SW Shady Lane will meet the standard. Therefore, this criterion is not fully satisfied. Therefore, the applicant shall submit a landscape plan with sufficient detail to demonstrate the parking areas will be effectively screened from view. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and The applicant's plan includes 9 parking spaces with two trees proposed on the Shady Lane side of the parking lot, consistent with this standard. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan shows trees lanted within 5-foot planter strips parallel with the parking space, consistent with this standard. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; The applicant's plans show the refuse and recycling area is behind the building as seen from Shady Lane and is further screened by a concrete block wall. However, other service facilities have not been addressed. Therefore, a condition requiring the applicant to submit a revised site plan demonstrating all service facilities are effectively screened from view shall be imposed. Screening of refuse containers. Excejpt for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. As addressed above, this standard is met with the existing placement behind the building and wall. FINDING: The proposal does not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITIONS: The applicant shall submit a revised landscape plan showing the required street trees on SW Shady Lane and Greenburg Road including information on the species, size, and location of the proposed street trees for the City Forester's review and approval. Rainbow Park & Playground PAGE 15 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The applicant shall submit a landscape plan with sufficient detail to demonstrate the parking areas will be effectively screened from view. The applicant shall submit a revised site plan demonstrating all service facilities are effectively screened from view shalt be imposed. NONCONFORMING SITUATIONS (18.7601 Nonconforming development. Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, yard, equipment, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this title or will decrease its nonconformity. The existing building, built in 1971 as an auto service station, was converted in 1989 to office and car rental uses. The building existed prior to the effective date of any City of Tigard land use standards. The yard dimensions do not conform to the current development standards, s ecifically the 85 foot front yard setback is inconsistent with the required 0-10-foot setback. Therefore, the existing building is nonconforming. Only minor cosmetic changes are proposed to the existing building which would not increase its nonconformity, consistent with this standard. OFF-STREET PARKING AND LOADING (18.76 Pursuant to TDC , when an existing structure is changed from one use to another use as listed in Section 18.765.070, the following provisions shall apply: 1. If the parking requirements for each use are the same, no additional vehicle parking shall be required; 2. Where a change results in an intensification of use in terms of the number of vehicle parking spaces required, additional vehicle parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use; 3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess vehicle parking spaces in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the less intensive use. At the time of the erection of a new structure within any zoning, district, off-street vehicle parking will be provided in accordance with Section 18.765070. The applicant proposes 9 parking spaces. The subject site is located within the Metro Zone A. The minimum for the previous auto storage, sales and rental use was 1.0 spaces/1,000 square feet. The maximum was 1.3/1,000 square feet. The minimum spaces required for the proposed outdoor entert ainment use is 4.0000 square feet and 3.7/1,000 square feet for ~hereenera retai l alemaximum reuired spceiclue 4.5/1,000 an.1 /1,000repectively forethe proosed uses wilrequire a minimuof 8 spaces (2,00 x 4./paces/1,000) nd a maximum of 10 (2,000 x 5.1) parking spaces. Therefore, this standard is met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; As discussed earlier in this report, this criterion is satisfied. Rainbow Park & Playground PAGE 16 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; Vision clearance is discussed later in this report. This criterion is satisfied. Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the access and all parking areas. This standard is satisfied. Excluding single-famil and duplex residences, except as provided by Subsection 18.810.030P, groups ofytwo or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by two-way access proposed within this project, and there is room for service vehicles to turn around and enter the street so that no backing movement will be required. This standard is satisfied. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant has indicated that the parking lot will be striped but has not indicated direction arrows on the plans. This standard is not met. Therefore, the applicant will be conditioned to include parking lot striping, consistent with this standard. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant has not proposed concrete curbs at the edges of paving adjacent to planting areas, nor have they indicated within the narrative or site plan that wheel stops will be provided if curbs are not provided. This criterion has not been met. Therefore, the applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. Space and Aisle Dimensions: Table 18.765.1. outlines the minimum dimensions for angled parking. The proposal identifies a total of 9 spaces utilizing 90-degree parking. Staff review of the parking plan illustrates compliance with Figure 18.765.1. This criterion is satisfied. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. Rainbow Park & Playground PAGE 17 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Table 18.762.2 requires 1 bicycle space (.4/1,000 x 2,000 square feet. Yet, a minimum of two spaces must be provided. The applicant has provided one bicycle par cing space as shown on the site plan. The proposal does not meet the standard. In addition, the applicant has illustrated and briefly discussed a bicycle-parking scheme for the proposal; however, there is no discussion of the design as required by TDC Section 18.765.050. Therefore, the applicant shall submit a revised site plan that includes two bicycle parking spaces which are designed and constructed to the standards that are identified in TDC Section 18.765.050. Off-street loading requirements: Off-street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The existing building is approximately 2,000 square feet. Therefore, the off-street loading standards do not apply. FINDING: The off-street parking and loading standards for parking lot striping, bicycles, and wheel stops have not been met. However, with the following condition of approval these standards can be met. CONDITIONS: The applicant shall submit a revised site plan including parking lot striping. The applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. Therefore, the applicant shall submit a revised site plan that includes two bicycle parking spaces which are designed and constructed to the standards that are identified in TDC Section 18.765.050. SIGNS 18.780: Requires a a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. The applicant has indicated that they intend to use the existing pole sign and wall ("chimney") sign structures. However, no application was submitted for the signs at this time. Staff cannot verify compliance with the siggn requirements without all of the information. Signs can be applied for at a later date, whicFi is often times the case with most projects. FINDING: The applicant has indicated the need for signage, but did not provide an application or the necessary information for staff review. CONDITION: Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780 and 18.630.070. Rainbow Park & Playground PAGE 18 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • TREE REMOVAL - CHAPTER 18.790: Section f9MUM requires tFa-f-a-Tee plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect frees during and after construction. The applicant has not provided a tree survey, but has shown existing trees on the site plan. According to the applicant's narrative, none of the trees will be removed. As an existing development with only minor improvements to the site it is not expected that any site improvements would harm existing trees. As proposed no mitigation would be required. The applicant has been required under previous sections of this report to provide additional landscaping including street and parking lot trees. Therefore, the tree removal standards have been substantially met. VISUAL CLEARANCE AREAS - CHAPTER 18.795: motion . states tFa-Fhe provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.6. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center fine grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. The applicant has indicated in the narrative that a clear vision area will be maintained. A site distance certification letter provided by CTS Engineers proposes hedge trimming and posting no street parking signs on SW Shady Lane to mitigate for visual clearance and sight distance obstructions. The applicant shall submit a revised site plan showing the visual clearance triangle for the intersection of the driveway and SW Shady Lane. FINDING: Based on the analysis above, the vision clearance standards have not been met. CONDITION: The applicant shall submit a revised site plan showing the visual clearance triangle for the intersection of the driveway and SW Shady Lane. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Uhapter b provides construction stan ac~Tr s for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as ppTDCrtion of an existing street shall be dedicated and improved in accordance with the Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial street to have a 64 to 128-foot right-of-way width and varied paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. Rainbow Park & Playground PAGE 19 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER This site lies agjjacent to SW Shady Lane, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 60 feet of ROW, according to the most recent tax assessor's map. The applicant does not need to provide additional ROW. SW Shady Lane is currently improved with a 40 foot paved section. In order to mitigate the impact from this development, the applicant should provide street trees. The site also lies adjacent to Greenburg Road and the Highway 217 on-ramp. Greenburg Road is classified as an Arterial refiring a minimum of 104 feet of ROW. At present, there is well over 104 feet of ROW. No additional ROW is required. Greenburg Road is currently improved and no additional improvements are required with this development. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing a concrete sidewalk along the Shady Lane frontage to ODOT standards, this criterion will be met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans indicate the existing facility is served by a lateral that runs south across Shady Lane. The applicant intends to reuse the existing sewer lateral. A connection permit will be required. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. There are no upstream drainage areas that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resultin from the development will overload an existing draina e facility,, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those develo ments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge withoN detention. Rainbow Park & Playground PAGE 20 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The proposed development is not increasing the impervious surface area by more than 5000 square feet, therefore detention is not required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW Shady Lane is not classified as a bicycle facility. Therefore, this standard does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY Public Water System: Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall contact TVWD for any required permits. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Rainbow Park & Playground PAGE 21 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 0 Prior to construction, the applicant shall submit plans and calculations for a water uality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant disagrees with the City's requirement of providing an on-site water quality facility. The applicant discusses a phone conversation he had with Jackie Humphries of CWS on November 21, 2005. Jackie was quoting the CWS standards for improvements with regards to sensitive areas and buffers, which have a 10% threshold for changes to impervious surface areas. In an e-mail from Jackie's supervisor, Terry Keyes, on November 22, 2005, he states that the standards provide a definition of redevelopment (Sec. 1.02.47) which includes most an thing that changes the existing impervious surface area on a site. Section 1.02.14(a) (10 then includes redevelopment in the definition of development. Section 3.12(d) (2) Water uality Facility Design Standards goes on to require development (which includes redevelopment) to size water quality facilities for newly created impervious surface areas AND existing impervious areas to remain on site. The City staff has made the applicant aware of the requirement to provide treatment of a reasonable amount of impervious area. Therefore, the applicant's plans shall be revised to replace the on-site catch basins with Stormfilter catch basins. The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Ass' nments: The City o Igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This The shall be paid to the City prior to issuance of the site permit. Recommendations: Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tiaard-or.aov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for t}ie public improvements. For example, specify if the entity is a corporation, limited partnership, LL p, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. Prior to issuance of the Site permit, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). Rainbow Park & Playground PAGE 22 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Shady Lane as a part of this project: A. street trees in the planter strip spaced per TDC requirements; B. driveway apron removal and replacement; C. hedges trimmed or removed along east property line. The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d) (2) by either replacing the on-site catch basins with Stormfilter catch basins or constructing a water quality pond or swale. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. An erosion control plan shall be provided as part of the Public Facility Improvement Csign I) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control and Planning Manual, February 2003 edition." Prior to a final building inspection, the applicant shall complete any work in the public right-of- way (or public easement) and obtain approval from the Engineering Department. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm wafer treatment facility. If a water quality pond or Swale is constructed instead of replacing the catch basins the applicant's engineer shall submit a maintenance plan to the City engineering staff for review and approval. Prior to a final building inspection, the applicant's engineer shall provide a final sight distance certification. D. IMPACT STUDY: Section 18.390.040 e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system 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 a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are currently serving the site or are capable of serving the site. The proposed development proposal does not require any dedications. Staff has conducted a Traffic Impact Fee analysis which demonstrates that the previous use was more impactful than the proposed use. Therefore, there is no transportation impact fee for the proposed development. This standard is met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review; their comments have been incorporated into this report. Rainbow Park & Playground PAGE 23 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER r The City of Tigard Building Division has reviewed this application and offered no comments or objections. City of Tigard Arborist has reviewed this application and offered no comments or objections. SECTION VIII. AGENCY COMMENTS Clean Water Services Tualatin Valley Fire and Rescue, Tigard-Tualatin School District and TriMet were given the opportunity to review this proposal and submitted no comments or objections. /,Februarv 6. 2 006 PREPARED BY: (q7a eDATE S(ssoci a Planner Februarv 6. 2006 APPROV Y: Richard sdorr DATE Plannin an er Rainbow Park & Playground PAGE 24 OF 24 2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER C-) D r~ n D m w AVE 1\ J GEOGRAPHIC INFORMATION SYSTEM VICINITY 1('I W CU P2005-00002 RAIN BOW PARK AND PLAYGROUD J I / I o pt= V oo° °op°~p o~o_o oo~o o~~o°pO LL1 0 E3° °o oo 00 O :.ommunity Development T 1Q I -~-I 1) 1- - 'I DAKOTA - - ~ H ! T i J-/ I A N 0 200 400 600 1Set 1'= 409 feet I City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 http:/fwww.ci.tigard.or. us Plot date: Dec 16, 2005; C:\magicWIAGIC03.APR SHADY LN I garo n map • • QO ~O ~J V PROPERTY LINE (TYP.) _ ESTING TREE (TYP.) EXISTING SIGN " I ~ BIKE RACK REFUSE/RECYCUNG c,3 0- 0/r/olm M, Q I - EXISTING CONCRETE ?V / PICNIC AREA CURB/PAVING WITH SHADE CLOTH h WATER EXISTING 6UILDING FEATURE 2000 S.F. G.F.A. j NEW CONCRETE PAVING (TYP.) ®O PLAY AREA WITH m PEDESTRIAN i/~ 11 ENGINEERED WOOD II. ACCESS ,n LINEP(TYP.) FIBER SURFACING NEW CURB (8000 s. I.) I j I " / - - / G I h. p 3 i EX. OVERHEAD ~ N' les' ' CANOPY I NEW FENCE ~I 5' (CONNECT EX. BOOTH TO EXISTING) EXISTING C 16.5' I 0 . ASPHALT m J _ ~i NEW CURB I NEW CURD C C NEW STREET TREES J NEW CONCRETE ' NEW CONCRETE DRIVEWAY APRON NEW CONCRETE CURB CURB k SIDEWALK k SIDEWALK (TYP.) SW SHADY LANE I ~ I Crno®n CITY OF TIGARD ~ CUP2005-0 0002 SITE PLAN N - - - - - - - RAINBOW PARK & PLAYGROUND (Map is not to scale) i I CUP2003-00012 > RESIDENTS, AGENCIES & OTHER STAFF COMMENTS 12/21/05 WED 09:36 FAR 503 591 0986 TVWD ENGINEERING 191001 REQUEST FOR COMMENTS Community (Development S(aping,A Bettor Community DATE: December 19.2005 TO: TeafatfnftlleOMer-D- itrielAdMlnlstr t®-0ffrsss FROM: CM of Tigard Planning Division *1 t1v STAFF CONTACT: Ca Pa enstecher. Associate Planner [x24341 Phone: 15031639-4M/Fax 1503)684-7297 CONDITIONAL USE PERMIT (CUP) 2005-00002 ➢ RAINBOW PARK AND PLAYGROUND< REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion of the outdoor area of the site for a playground for use by the general public for fee. A conditional use permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. LOCATION: 9785 SW Shady Lane; WCTM 1 S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mail and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: JANUARY 3. 2006. You may use the space provided below or attach a separate letter to return your comments. R 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. PLEME CHECK THE FOLLOWING ITEMS THAT APPLY: r, We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: f Name 8 Number of Person(s) Commenting: 7 two REQUEST FOR COMMENTS Community (Development ShapingA Better Community DATE: December 19.2005 TO: Rob Murchison. Public Works Project Engineer FROM: C_]li l of Ti and Planning Division STAFF CONTACT: G "Pa enstecher, Associate Planner [x24341 P [5031639-4171/ Fax: [50316847297 CONDITIONAL USE PERMIT (CUP) 2005-00002 ➢ RAINBOW PARK AND PLAYGROUND< REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion of. the outdoor area of the site for a playground for use by the general public for fee. A conditional use permit. is , required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. LOCATION: 9785 SW Shady. Lane; WCTM 1S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 2f7. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Commune Development Code Chapters 18.330, 18.360, 18.390, .18.520, 18.630, 18.705, 18.725, 18.745, 18.55, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: JANUARY 3, 2006. You may use the space provided below or attach a separate letter to return your comments. It 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 r Please col Please ref Written coi pf'~& RR vi0z~ /W o e~v,141~T of our office. I Name & Number of Person(s) Commenting: POUEST.. FOR CO M M E N, CITY OF TIGARD Community Development SkapingA Better Community DATE: T0: FROM: STAFF CONTACT: December 19.2005 Brian Blalock Commercial Plans Examiner CM of Tigard Planning Division Gary Pa9enstecher. Associate Planner l k4341 Phone: 15031639-4171/ Fax: 1503) 684-7297 CONDITIONAL USE PERMIT (CUP) 2005-00002 ➢ RAINBOW PARK AND PLAYGROUND< REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion of the outdoor area of the site for a playground for use by the general public for fee. A conditional use permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA:. Community Development Code Chapters 18.330, 18:360., ,18.39,0, 18,520, 18.630, 18'.7051:18.72-5, 18.745, 18;755,,1.8,765, 18.780, 18.790, 18.795 and- 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: JANUARY 3, 2006. You may use the space provided below or attach a separate letter to return your comments. It 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 Please refer to the enclosed letter. Written comments provided below: of our office. I Name & Number of Person(s) Commenting: DRIAN b i4i -OCIEl- GAT L 7 .59 REQUEST FOR COMMENTS CITY OFTIGARD Community Development ShapingA Better Community DATE: December 19, 2005 TO: Matt Stine, Urban Forester/Public Works Annex FROM: Grit I.of Tigard Planning Division 71 STAFF CONTACT: ° Gary~Pagenstec~ier, Associate Planner 1x24341 `150 -06-4171/ Fax: [5031684-7207 Phone ; 31 CONDITIONAL USE PERMIT (CUP) 2005-00002 ➢ RAINBOW PARK AND PLAYGROUND< REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion of the outdoor area of the site for a playground for use by the general public for fee. A.conditional use permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. LOCATION: 9785 SW Shady Lane; WCTM 1 S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 2'f7. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre: Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Communety Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: JANUARY 3, 2006. You may use the space provided below or attach a separate letter to return your comments. It 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: X We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting: . 5 77/0; a /Z 9 /or • MEMORANDUM CITY OF TIGARD, OREGON DATE: 1-24-06 • TO: Gary Pagenstecher, Associate Planner FROM: Kim McMillan, Development Review Engineer 14M RE: CUP2005-00002 Rainbow Playground Access Management (Section 18.705.030.1-11 Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. CTS Engineers has provided preliminary sight distance certification for the proposed driveway. The applicant's plans indicate the two existing driveways will be removed and a new driveway constructed 22.5 feet west of the east property line. The posted speed is 25 mph, requiring 280 feet of intersection sight distance in both directions along Shady Lane. The engineer's preliminary assessment indicates that available sight distance to the west is at least 280 feet, which is well into the intersection. Available sight distance to the east is currently only about 115 feet due to a tall row of hedges and vehicles parked on the north side of Shady Lane. In order to achieve adequate sight distance to the east, the engineer recommends trimming or removing a portion of the hedges and establishing a "No Parking" zone on the north side of Shady Lane. Discussions with the City Engineer and with a Washington County LUT Engineer, the parked vehicles are not usually considered a sight distance issue requiring posting of "No Parking" signs. The applicant shall trim or remove a portion of the hedges in order to improve sight distance. Upon completion of the improvements within the public ROW, the applicant's engineer shall submit a final sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 1 • • setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Greenburg Road is classified as an Arterial on the City's TSP. The proposed driveway is more than 150 feet from the intersection, thereby meeting this criterion. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Shady Lane is classified as a Neighborhood Route; therefore this criterion does not apply. Street And Utilitv Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1. states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood route to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 2 • • This site lies adjacent to SW Shady Lane, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 60 feet of ROW, according to the most recent tax assessor's map. The applicant does not need to provide additional ROW. SW Shady Lane is currently improved with a 40 foot paved section. In order to mitigate the impact from this development, the applicant should provide street trees. The site also lies adjacent to Greenburg Road and the Highway 217 on-ramp. Greenburg Road is classified as an Arterial requiring a minimum of 104 feet of ROW. At present, there is well over 104 feet of ROW. No additional ROW is required. Greenburg Road is currently improved and no additional improvements are required with this development. PLANNING Section 18.810.040.6.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(6) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 3 There are existing sidewalks along both street frontages that meet this standard. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans indicate the existing facility is served by a lateral that runs south across Shady Lane. The applicant intends to reuse the existing sewer lateral. A connection permit will be required. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100:C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage areas that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 4 • • for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The proposed development is not increasing the impervious surface area by more. than 5000 square feet, therefore detention is not required. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit. of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 5 placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water Svstem: Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall contact TVWD for any required permits. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility (pond, swale or Stormwater Management filter system) that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant disagrees with the City's requirement of providing an on-site water quality facility. The applicant discusses a phone conversation he had with Jackie Humphries of CWS on November 21, 2005. Jackie was quoting the CWS standards for improvements with regards to sensitive areas and buffers, which have a 10% threshold for changes to impervious surface areas. In an e-mail from Jackie's supervisor, Terry Keyes, on November 22, 2005, he states that the standards provide a definition of redevelopment (Sec. 1.02.47) which includes most anything that changes the existing impervious surface area on a site. Section 1.02.14(a) (10) then includes redevelopment in the definition of development. Section 3.12(d) (2) Water Quality Facility Design Standards goes on to require development (which includes redevelopment) to size water ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 6 • quality facilities for newly created impervious surface areas AND existing impervious areas to remain on site. The City staff has made the applicant aware of the requirement to provide treatment of a reasonable amount of impervious area. Therefore, the applicant's plans shall be revised to replace the on-site catch basins with Stormfilter catch basins. Alternatively, the applicant's plans can be revised to show a water quality pond or swale to provide treatment. The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Gradina and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Site Permit Reauired: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 7 • • in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMIT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tiaard-or. ov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. Prior to issuance of the Site permit, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Shady Lane as a part of this project: A. street trees in the planter strip spaced per TDC requirements; B. driveway apron removal and replacement; C. and hedges trimmed or removed along east property line; The applicant's plans shall be revised to provide on-site water quality treatment per CWS Section 3.12(d) (2) by either replacing the on-site catch r ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 8 basins with Stormfilter catch basins or constructing a water quality pond or swale. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. If a water quality pond or swale is constructed instead of replacing the catch basins, the applicant's engineer shall submit a maintenance plan to the City engineering staff for review and approval. Prior to a final building inspection, the applicant's engineer shall provide a final sight distance certification. Ll--.. ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 9 Y< Z ON Wall WINDY ~ l~ > • C D 7' C Design Group a Porati company Rainbow Park and Playground ~ONDMOPAd. USE FlElt8Md7[' AIF]L.dcCA7['ff ON RAINBOW PARK AND PLAYGROUND TABLE OF CONTENTS KEY INFORMATION n SUMMARY BACKGROUND INFORMATION RESPONSE TO CRITERIA / CONCLUSIONS o EXHIBITS scy .Rainbow Park and Playground CUP KEY INFORMATION Project Name: Rainbow Park and Playground outdoor play area Property Description: 1S135BDO0200 Location: 9785 SW Shady Lane Road (southeast corner of Greenburg Road and Shady Lane) Parcel size: 0.44 acres Zoning: Mixed-Use Commercial (MUC) Applicant: Stan Nored, Rainbow Park and Playground Co. Property Owner: Donald and Marlene Huggins Applicant's Representative: Ed Murphy LDC Design Group 20085 NW Tanasbourne Drive Hillsboro, Oregon 97124 ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 1 r • .Rainbow Park and Playground CUP MRIJtTT 71-,TM- • Rainbow Park and Playground Company wants to re-utilize a currently vacant site for a retail center and an outdoor play area for children's events. The site has been used in the past initially as a service station, and then as a vehicle sales and rental business. • The retail portion of the business will be inside the existing building, and is a permitted use in the Mixed-Use Commercial (MUC) zone. • The outdoor play area is a use that does not fit precisely under any category or definition, but the closest fit seems to be under the "commercial use/entertainment- oriented" category, and the "outdoor entertainment" subcategory. This use is defined in the Tigard Community Development Code as "facilities with extensive outdoor facilities, including outdoor tennis clubs, golf courses and shooting ranges". Such a use is listed as a conditional use in the MUC zone. • The use is similar in nature to other types of entertainment and recreational-oriented land uses that are allowed outright in the MUC zone, including heath/fitness clubs; tennis, racquetball and soccer centers; recreational centers; skating rinks; bowling alleys; arcades; shooting ranges and movie theaters; community centers; senior centers; indoor/outdoor swimming pools; parks; playgrounds; picnic areas; and golf courses. • The play area will be used for birthday parties and special events. The facilities will be available for use, for a fee, at prescribed times. In addition, the facilities are open during normal business hours Tuesday through Saturday, and on Sunday afternoons, for "open play". • The approximately 2000 square foot building will not be enlarged or significantly modified, other than cosmetic improvements. The company will use the existing sign structures. The site itself will be upgraded with landscaping, wood-fiber ground cover, a pedestrian walkway, closure of one driveway, and removal of one freestanding sign structure. The south driveway will be "relocated" a few feet to the north to provide a better entrance the parking lot. • There are no negative impacts on surrounding land uses and public facilities. The positive impacts include turning what is now an eyesore and non-productive land use into a use that is compatible with the adjacent uses, fills a community need, and improves the appearance of this very visible site. • The neighboring property owners who attended the neighborhood meeting were very positive and supportive of the proposed use and site improvements. • The proposed use will substantially comply with the development standards of the MUC zone. ejm/rainbow/0937.001 kupappfindrrev2/12/05/05 3 • .Rainbow Park and Playground CUP • BACKGROUND INFORMATION History: The property is a 0.44-acre parcel at the intersection of a highway, a major street and a local street. Please see tax assessor's map, Exhibit 'A'. The site has been previously developed with a small, 2000 square foot building, a parking area, some landscaping, and a canopy area covering what used to be the fueling area. The site and building are currently vacant, and have been for some time. The site has been used in the past as a service station, and for vehicle storage, sales and rentals. • The site: The property is flat, sloping gently to the southwest. There are no sensitive lands that would be impacted by the proposed use, i.e., wetlands, steep slopes, floodplains, or wildlife habitats. The Washington County Clean Water Services (CWS) Agency has provided a service provider letter. (Please refer to the CWS letter, Exhibit Adjacent uses. The property is surrounded by commercial uses and by major roads. Greenburg Road is to the northwest, and Highway 217 is to the northeast. The site has • an embankment along the north and west sides, which is highest at the point where the freeway on-ramp from Greenburg Road to Highway 217 starts. There are two office buildings and a small convenience store across Shady Lane, to the south of *the subject • site. To the east is Doctor's Family Clinic and Emergency Center, a medical office building and clinic. (Please refer to the aerial photographs, Exhibit 'C'.) Description of Proposal. The proposal is to use the existing building for retail sales, with very few modifications to the building, and use the outdoor area of the site for the • playground and parking. The area under the existing canopy will be part of the play area, which will provide shade, rain cover, and lighting to a portion of the play area, enhancing its use. The use of the existing building for retail sales is permitted outright • within the MUC zone. It is the proposed use of a portion of the site for outdoor entertainment that requires approval of a Conditional Use Permit. Rainbow Park and Playground is a company that sells playground equipment, as well as spas, awnings, picnic tables and other outdoor equipment. The owner, Stan Nored, already has similar stores in east Portland and Eugene. Besides selling outdoor equipment, the company operates an additional business at both locations, which is renting out the play area and equipment for children-oriented special events, as well as for "open play" activities. The special events are by appointment only, and there is a fee charged to the customer for the use of the play area and the play equipment. The open play is available during normal business hours, again on a fee basis, whenever the facility is not already reserved for special events. • The applicant plans to operate the proposed Tigard facilities similarly to his two existing businesses. That is, the play equipment will be set up for children, typically 3- to 12- year olds, to play on. The play facilities will be available for reserved special events, such as birthday parties. They will also be available during regular business hours, • 10:00 AM to 6:00 PM Tuesday through Saturday, and noon to 4:00 PM Sunday, for °open play" except during those times that are reserved for special events. For the open play periods, the parents will be encouraged to call first to make sure the facilities • are available. The parents or other responsible adults would be required to stay and supervise the children. The play area is fenced and gated for security. • 5 ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 Rainbow Park and Playground CUO 0 Mr. Nored expects there to be a demand for year-round open play, in part because a portion of the play area will be covered by the existing canopy and well-lit with the lights under the canopy. The site is conveniently located, is close to residential areas, and is safe and secure. Mr. Nored projects that, based on the activity of the company's other two sites, there will be an average of approximately four special events per week for 50 weeks, or 200 events per year. In addition, Mr. Nored projects an average of two (2) children per hour, six (6) hours per day, times 312 days per year, or 3744 hours per year. The fees will be the same or similar to the fees charged at the other two sites, or $8.00 per child for open play, and $199 per event for special events. The owners will market this business through the local newspapers and other outlets. Sample flyers and information posted on the premises related to the use of the equipment for special events are attached as Exhibit 'D. The equipment in the play area is not for display, and it is not for sale. The equipment is set up for play activity, and will be available for use on a fee basis. It is reasonable to expect it to be used on a regular and on-going basis. That clearly makes this an outdoor entertainment commercial use. The site itself will be improved by: • Removing the west driveway the one closest to Greenburg Road thereby eliminating a potential safety hazard. • Moving the east driveway a few feet to the west to line up with the parking aisle. • Installing a landscape planter area along the front of the property, next to Shady Lane, and planting street trees. • Providing a pedestrian walkway from Shady Lane to the front door of the building. • Removing the leftover freestanding sign frame along the Shady Lane frontage, rather than using it as another sign (which would be permitted by the sign regulations). • Cleaning up the landscaping around the perimeter of the site. • Installing playground structures and ground cover. • Installing fencing around the playground. Please refer to the Preliminary Site Development Plan Exhibit 'E' for an illustration of the proposed site improvements. No changes to any of the existing utilities are necessary. The site is already served with adequate sewer, water and storm water lines. Please refer to Exhibit 'F' for an illustration of the existing conditions. Additional maps illustrating the existing utilities are attached as Exhibit 'G'. The traffic impact is minimal. Greenburg Road and Highway 217 are immediately adjacent to the site. Shady Lane is a local, mostly residential street that serves a few commercial properties near its intersection with Greenburg Road. Impact Analysis. Chapter 18.390.040.B.2.e requires an impact study as part of the Type II procedure. For the most part, no improvements to the transportation, drainage, parks, water, and sewer systems are necessary to meet City standards or to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. Following are comments regarding the impact of the proposed development on public facilities and services. 6 ejm/rainbow/093 7.001 /cupappfindrrev2/12/05/05 • *Rainbow Park and Playground CUP Transportation Svstem: There are no significant impacts to the transportation system because of this proposed site development. No improvements to the transportation system are necessary to meet City standards or to minimize the impact of the • development on the public at large, public facilities systems, and affected private ' property users. Shady Lane is a fully improved, 40-foot wide local street within a 60 right-of-way. The use does not generate peak-hour trips, as most children's parties are • held on the weekends or in the early evening. The development will eliminate the western driveway, which is close to the Greenburg Road/Shady Lane intersection, and which does not meet current driveway spacing standards. The removal of this driveway • will improve traffic safety. A Preliminary Sight Distance Certification letter is attached as Exhibit W. This letter verifies that the design of the driveways and streets are safe because they meet adequate sight distance standards. Removing the west driveway will improve the ingress to and egress from this site by moving the only access driveway further away from the Greenburg Road/Shady Lane intersection. Once reconstructed and moved a few feet west, it will be over 150 feet away from the street intersection. • Drainaae Svstem: The property slopes generally from the northwest to the southeast, i.e., towards Shady Lane. There is a 12" diameter public storm drainage system in Shady Lane, and no improvements to the public drainage system are necessary. There are two private catch inlets on site, the locations of which are shown on the existing conditions plan. According to Clean Water Services regulations, no storm water quality facilities or storm water retention facilities are required. However, according to the City's Development Review engineer, storm water quality improvements will be • required. This issue is addressed in more detail below (page 22). Parks Svstem: No impact to the park system will occur because of this proposed site • development. This facility actually provides additional playground equipment and an ' s events beyond what is currently provided in the City of alternative venue for children Tigard. Water Svstem: No impact to the water system will occur because of this proposed site development. There is a 12" water line in Shady Lane, and the building is already • connected to it. No changes to the number or type of plumbing fixtures are planned. Sewer Svstem: No impact to the sewer system will occur as a result of this proposed • site development. The site is close to a 30" sanitary sewer trunk line south of Shady Lane, and is connected to it through a lateral line running between tax lots 900 and 1100, 1S135BD, directly across Shady Lane from the subject site. Noise impacts: The outside entertainment area will be used for birthday parties and other special events involving young children, so there will be some playful noise • emanating from the play area. However, these parties usually occur on weekends. The surrounding properties are either commercial or office uses, or major roadways - not noise sensitive land uses. The neighbors attending the neighborhood meeting, including a representative of the adjacent medical clinic, were not concerned about the potential noise impact. LiahtincLL The existing lighting is primarily composed of lighting underneath the canopy, and one floodlight fastened to a pole in the northwest corner of the site. The neighbors • • 7 ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 Rainbow Park and Playground CUo 0 attending the neighborhood meeting did not object to the current level of lighting, and in fact, thought that more lighting was needed. Police, Fire and other Emeraencv Services: No impact to police, fire or other emergency services will occur as a result of this proposed site development. The playground will be fenced on all sides, so children will not be running out into the street or across the parking lot. If there were a need for emergency services, the site is easily and quickly accessible from all directions. There will be a direct emergency vehicle access to the play area itself, through a gate, should the need ever arise. (Mr. Nored has operated his other businesses for 11 years without the occurrence of any injuries, so emergencies are expected to be very be rare occasions). There will also be security cameras installed at the site. Prior Reviews: The applicant met with the staff in a pre-application meeting held on August 9, 2005. The pre-application conference notes are attached as Exhibit 'I'. The applicant met with nearby property owners at a neighborhood meeting held on September 29, 2005. Please see Exhibit 'J' for documentation of the neighborhood meeting. There were no objections to the Conditional Use Permit raised at the meeting, nor have there been any written or oral concerns expressed to the applicant before or since the meeting. Staff reviewed an earlier version of this application, which was submitted on October 11, and responded with a letter dated November 15, requesting additional information before the application could be considered complete. A copy of that letter, and the notes from the Development Review Engineer, are attached as Exhibit W. This revised application responds to the staff comments. 8 ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 • • Rainbow Park and Playground CUP RESPONSE TO CUP CRITERIA Chapter 18.330 of the Tigard Development Code (hereinafter "Code") contains the standards and procedures under which a conditional use may be permitted. Section 18.330.030 contains the approval standards, which are as follows: • 18.330.030 Approval Standards and Conditions of Approval A. Aaaroval Standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter • a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the • proposed use; 2. The impacts ofthe proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; • 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code • including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. • RESPONSE TO CRITERIA 1. The site size and dimensions provide adequate area for the needs of the proposed use; The site has been functioning as a commercial site for many years, originally as a gas station, and then as a car and truck rental facility. The site is relatively flat, with some existing vegetation around the edges of the site. The rectangular-shaped site is about 0.44 acres, or 19,166 square feet, in size. The outdoor play area will consume about 8,000 square feet, or approximately 42% of the total site. The rest of the site will be used for the existing building, the parking area, and the landscaped areas. • The site where the play area is proposed is not an area that is subject to ground slumping or sliding. There is adequate distance between the play area and any surrounding buildings, which provides for adequate light and air circulation, and accessibility to fire-suppression equipment. Please see Exhibit 'L' for photographs of the • existing conditions of the site, and Exhibit 'M' for photographs of typical playground structures. • 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. • There will be little, if any, negative impacts resulting from the proposed use on this site. The size, shape, location, topography and natural features of the site are perfect for the retail store and children's playground area. There is really no significant additional • ejn-/rainbow/0937.001/cupappfindrrev2/12/05/05 9 Rainbow Park and Playground CUo • impact to the public facilities and transportation systems. Because this is a conversion and re-use of a previously developed site, the change in the use has positive impacts compared to previous uses. The existing trees and shrubs on and along the edges of the property will help buffer and screen the adjoining properties. New street trees planted along Shady Lane will improve the appearance of the street. The existing on-site lighting does not negatively impact the neighboring properties. 3. All required public facilities have adequate capacity to serve the proposal. The site is already fully developed. The project is not adding plumbing fixtures or increasing the impervious area. The public sewer, storm water and water systems have adequate capacity for the proposed outdoor entertainment area. The transportation system is adequate to support the use. Other semi-public facilities and services, including electrical, natural gas, cable, and garbage disposal are available, and the construction of the new play area will not significantly change the impact on those services and facilities. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The property is zoned MUC. Following is a summary of how the proposed use complies with the zoning district regulations. Minimum lot size: There is no minimum required lot size. Average lot width: There is no minimum-required lot width. Minimum building setbacks: There are no minimum building setbacks. Maximum building setbacks: For commercial uses, the maximum front and side yard building setback for new buildings is 10 feet, according to footnote 19 of Table 18.520.2. However, this building is a pre-existing structure which does not meet that standard. Maximum Building Height: The maximum allowable building height is two stories. The existing building is only one story in height. Maximum percentage of lot coverage: The maximum site coverage, including all buildings and impervious surfaces, is 85%. The proposed shows 16.8% of the site used for landscaping, with the rest of the site covered with buildings, parking areas, and the playground, so the lot coverage is about 83%. Streets: Shady Lane is already fully improved in terms of dedicated right-of-way (60') and street width (40'), and has curbs and sidewalks on both sides (8-foot wide sidewalk on the north side of the street). The proposed development will add street trees. Pedestrian and handicapped accessibility: There is currently no pedestrian walkway to the front door of the building, and the front entry is not handicapped accessible. The proposed development will include a 6'-wide walkway from the sidewalk along Shady 10 ejm/rainbow/0937.001 /cupappfindrrev2/12/05/05 • .Rainbow Park and Playground CUP Lane to the front door, and will construct a wheelchair ramp constructed to the front entry. Handicapped parking: The proposed site plan calls for 9 new parking spaces, 1 of which will be handicapped accessible, as per the accessibility standards set forth in the State of Oregon Uniform Building Code. Bicycle parking: The Code requires one space. Bicycle parking will be provided under the covered walkway area on the north side of the building. Utilities: All utilities will meet City standards. All on-site utilities will be underground. Parking lot landscaping: The parking lot will meet the City standard of one parking lot tree per seven parking spaces, using the two new street trees adjacent to the parking lot. There are several other existing trees on the property, around the perimeter of the site. Adding a tree within the parking lot area would be impractical, and would reduce the amount of off-street parking by one space. Since the parking lot is situated next to a public roadway, screening from the street is required, and will be provided by the landscape areas shown on the site plan. Parking lot lighting: The only lighting for the parking lot will be the lights under the canopy, and a single light at the northwest corner of the site. No additional lighting is proposed. Minimum percentage of site landscaping: The minimum required percentage of landscaping is 15%. The landscaping provided will be about 16.8%. Buffering and Screening: Buffering and screening is not required in this case. 5. The applicable requirements of 18.330.050. Section 18.330.050 contains additional development standards for certain conditional use types, such as schools, adult entertainment, vehicle fuel storage, etc. None of the listed types are applicable to the proposed use. 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The following information addresses the supplementary requirements set forth in other chapters of the Code: Chapter 18.360 Site Development Review: This proposed use is not subject to the Site Development Review Chapter of the Code. Section 18.360.020.A.5, under "applicability and exemptions", says site development review shall not apply to "any proposed development which has a valid conditional use approved through the conditional use permit application process". This exemption is in the Code because many of the submission requirements and development standards applicable to a Conditional Use Permit application are the same as for a Site Development Review application, and addressing both sections of the Code would be duplicative. ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 11 Rainbow Park and Playground CUo • Nonetheless, staff has informed the applicant that his application must address the relevant code provisions of the Site Development Review Chapter. Following are responses to the application sections of Chapter 18.360. 18.360.090 Approval Criteria A. Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; Response: The proposed redevelopment of the site complies with all of the applicable requirements of the Development Code, including Chapter 18.810. 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. Response: This criterion is not applicable because it applies to new buildings. The proposal is re- utilizing an existing building. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Response: No trees are proposed for removal. 3. Exterior elevations: a. Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. Response: This criterion is not applicable because it applies to new buildings. The proposal is re- utilizing an existing building. 4. Buffering, screening and compatibility between adjoining uses: 12 ejm/rainbow/093 7. 00 1 /cupappfindrrev2/12/05/05 • .Rainbow Park and Playground CUP a. Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. Response: This criterion is not applicable because the site is surrounded by the same type of land uses, which are all commercial uses. b. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. Response: The recycling and solid waste disposal area will be behind the building, not visible from the street. Nothing else needs to be screened from view. 5. Privacy and noise: multi-family or group living uses: a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in Subsection 6.a below; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; c. On-site uses which create noise, light, or glare shall be buffered from adjoining residential uses; and d. Buffers shall be placed on the site as necessary to mitigate noise, light or glare from off-site sources. Response: This criterion is not applicable because the use is not residential. 6. Private outdoor area: multi-family use: a. Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and ej m/rainbow/0937.001 /cupappfi n drrev2/ 12/05/05 13 Rainbow Park and Playground CUO • (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and (2) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. Response: This criterion is not applicable because the use is not residential. 2. Shared outdoor recreation areas: multi-family use: a. In addition to the requirements of subsections 5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (1) Studio up to and including two-bedroom units, 200 square feet per unit; and (2) Three or more bedroom units, 300 square feet per unit. b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or (3) It may be all public or common space; or (4) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be less than 48 square feet. c. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; Response; This criterion is not applicable because the use is not residential. 8. Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/ bicycle pathway within the floodplain in accordance with the adopted pedestrian/ bicycle plan. Response: This criterion is not applicable because the use is not within or adjacent to the 100-year floodplain. 9. Demarcation of public, semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish 14 ejm/rainbow/093 7. 00 1 kupappfindrrev2/12/05/05 • • .Rainbow Park and Playground CUP • persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and b. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; • (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. Response: The public sidewalk area is separated from the private property by use of hedge and fencing. The play area is completely fenced, providing a separation between the parking lot and the play area. There is a walkway from the street directly to the front entrance to the building, which is semi-public, and which is outside of the fenced play area. The • entire site is fenced except for the parking lot area, and the driveway and edge of the sidewalk clearly mark where the parking lot begins and the public right-of-way ends. 10.Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven • feet which is sufficient to illuminate a person. Response: • The existing building has windows in the southwest corner of the building, which allow an attendant inside of the building to clearly see the entire play area. There will be no interior laundry and service areas. The applicant hasn't decided exactly where to place a ' mailbox, if he even has one on-site. Lighting is provided by the lighting fixtures underneath the canopy, lights on the building, and a street light near the southwest corner of the site. 11.Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area; and (2) The size and type of the proposal. c. The following facilities may be required after City and Tri-Met review: (1) Bus stop shelters; (2) Turnouts for buses; and ej m/rainbow/0937.001 /cupappfindrrev2/ 12/05/05 15 Rainbow Park and Playground Cue • (3) Connecting paths to the shelters. Response: The site is within 500 feet of Greenburg Road, which is a transit route. The applicant is not proposing a bus stop shelter or turnouts on Greenburg Road. There are sidewalks along both sides of Shady Lane. 12.1-andscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. A minimum of 15 percent of the gross site area shall be landscaped. Response: The existing landscaping will be enhanced, and additional landscape materials added. The landscaping will be designed in accordance with Chapter 18.745. Almost 17% of the gross site area will be landscaped. 13.Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; Response: The drainage from the site flows into the 12" public storm drainage line in Shady Lane, where if flows towards the east. 14.Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in 'ORS Chapter 447; and Response: There will be one accessible parking stall, and accessible pedestrian access to the front door of the building, in accordance with ORS Chapter 447. 15.AI1 of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370.; (Ord. 02-33) Response: The provisions of the underlying MUC zone are met to the fullest extent practicable for a older, previously developed site that is being re-utilized by and adapted to a new use. Chapter 18.630 Washington Square Regional Center Design Standards Many of the standards set by this Chapter do not apply to the site because it is a pre- existing use, and the applicant is not planning to enlarge the building. The following describes how the proposed development complies with the applicable sections of this Chapter. 16 ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 • d CUP k d Pl R b P ar an aygroun ain ow • 18.630.040 Street Connectivity B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards • may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and • connections. 1. Design Option. a. Local street spacing shall provide public street connections at • intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more than 330 feet. • 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The site is already fully developed, and is bordered by a freeway on one side and a freeway turn-lane and ramp on another side. There is no opportunity (or need) to construct streets to provide for connectivity or continuity. 18.630.050, Subsection 1, Building placement on Major and Minor Arterials: The site fronts on Shady Lane, a local street. It also has frontage on Greenburg Road, • an arterial street, which is separated in elevation from the site and building. There is already a building on the site, and no plans to move or expand the existing building. • 18.630.050, Subsection 2, Building setback: There is an existing building on the ' ' site, which meets the minimum setbacks (0 from but not the maximum setback (10 the public street right-of-ways. It would be impractical to move the existing building to • meet the maximum setback requirement. 18.630.050, Subsection 3, Front yard setback design: The building is set back • approximately 88 feet from the Shady Lane right-of-way. The development will include a 6'-wide pedestrian pathway. from Shady Lane to the structure and playground entrance, which will be constructed with scored concrete or modular paving materials. • It is not feasible, nor would it be beneficial to the public, to construct a walkway to Greenburg Road because of the very steep bank. The landscaping along Shady Lane will be developed to an L-2 standard. The landscaped area shown on the site plan (16.8%) does not include this pathway although it could, according to this Code section. 18.630.050, Subsection 4, Walkway connection to building entrances: A • walkway connection at least six feet wide connects the building's entrance and the adjoining public street. 18.630.050, Subsection 5, Parking location and landscape design: The site is already developed with the parking lot located between the building and the street. The proposed development will reduce the amount of parking next to the street by • ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 17 Rainbow Park and Playground CUO • eliminating the north driveway and constructing a landscape planter area along this frontage, with a playground behind the planter strip in an area that is now devoted to parking. The proposed parking lot area, served by the south driveway, will be partially screened by the two added street trees and by enhanced landscaping in the planter areas on both sides of the driveway apron. The landscaping requirements of this subsection are addressed below. 18.630.060, Building Design Standards: This section does not apply, since the building is preexisting and is not being expanded. Nonetheless, the building has large windows on two sides, and is an interesting architectural style and character. 18.630.060, Signs: The proposal is to utilize the existing pole sign structure in the northeast corner of the site, and the wall sign that is on the "chimney" area of the structure. The other free-standing sign, which is in the planter strip next to Shady Lane, will be removed. 18.630.060, Landscaping and Screening: The site already has quite a bit of existing landscaping. When the north driveway apron is removed, landscaping will be added along that frontage. The landscaping standards are as follows: 18.630.090 Landscaping and Screening A. Applicable levels. Two levels of landscaping and screening standards are applicable. The locations were the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub- sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 3-1/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. 2. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening shall apply. In addition, trees shall be provided at a minimum 2 -y ,r. / 2 - i n c h calinnr, v~ w •..a~~ at a maximum cnaninn of )f2 foot. Chrtthc shall ho of r a.• a..•~r r.u..w..• vpwv...y v. -.v ...v. v... ..vv v...... ..v a size and quality to achieve the required landscaping or screening effect within two years. Since the parking lot abuts a local street, the L-2 landscaping standard applies at least to the west side of the site where the parking lot abuts Shady Lane. The development will plant four 3-1/2" caliper street trees, planted at a maximum of 28 feet on center. The existing shrubs and vegetation will be cleaned up and enhanced, and will provide adequate screening. The parking lot area has almost no frontage that is not taken up by the driveway apron, but the trees planted on both sides of the driveway apron will help screen the parking lot. See the preliminary Site Development Plan, Exhibit 'E'. 18 ejm/rainbow/0937.001 /cupappfindrrev2/12/05/05 • • *Rainbow Park and Playground CUP Chapter 18.705 Access, Egress and Circulation: The most applicable section is • 18.705.030.F, "Required walkway location." A walkway will extend from Shady Lane to the front entrance of the building. The walkway will not cross vehicle access driveways or parking lots, and it will be marked with pavement markings or contrasting pavement materials. The walkways will be six feet in width, paved with hard surfaced materials, lighted, and in compliance with ADA standards. A ramp to the front door will be constructed for wheelchair accessibility. Section 18.705.030.H.1. requires an access report for all new development proposals which verifies that the design of the driveways and streets are safe by meeting adequate • stacking needs, sight distance and deceleration standards. A letter from Howard Stein, P.E., a transportation engineer, is attached as Exhibit W. This letter suggests that the hedges along the site's east property line be trimmed back or removed, which the applicant will do. The applicant will also trim or remove the hedge in the landscape planter along the frontage of the site. The letter also suggests restricting parking along the north side of Shady Lane from SW Greenburg Road to the second driveway on the adjoining site to the east. While this might be necessary to meet the technical standards for sight distance, the applicant requests that the City consider the width and low traffic volume on this street, which may mitigate this requirement. Both sites (the subject site and the site to the east of the subject site) have enjoyed the benefit of on- street parking for many years, and the traffic accident history in this area has probably been very low. The applicant wishes to minimize any restrictions on on-street parking in front of his site, as well as in front of the clinic's site. 0 Section 18.705.030.H.2. requires a minimum driveway setback from a collector or arterial street intersection of 150 feet, "measured from the right-of-way line of the intersecting street to the throat of the proposed driveway". In this case, the applicant will close the driveway closest to Greenburg Road. The other driveway, on the east side of the lot, is technically within 150 feet of the Greenburg Road right-of-way. However, . the right-of-way is squared off, connecting to the Shady Lane right-of-way at a right angle. If the right-of-way line were extended parallel to Greenburg Road, as illustrated on the Existing Conditions map, Exhibit 'F', the distance from the right-of-way line to the west side of the driveway would be roughly 160 feet. The intent of this section of the Code is met, as the driveway is not in the influence area of a collector or arterial street intersection, and is over the minimum required distance using a projected right-of-way • line. The driveway location is as far to the east as practical while still serving as a safe • entrance to the site. Shared access with the adjoining driveway to the east is not an option. From discussions with a representative of the owners of the adjoining property, it was clear that the owners would not be interested in giving up parking spaces or • attracting more traffic to their site. Chapter 18.710 Accessory Residential Units: The Chapter is not applicable. Chapter 18.715 Density Computations: The Chapter is not applicable. Chapter 18.720 Design Compatibility Standards: The Chapter is not applicable. Chapter 18.725 Environmental Performance Standards: This Chapter applies the federal and state environmental laws, rules and regulations to development within the • City of Tigard. . ejm/rainbow/0937.001/ cupappfindrrev2/12/05/05 19 Rainbow Park and Playground CUle • • Noise. Section 7.40.130 through 7.40.210 of the Tigard Municipal Code applies. The only noise emanating from this playground will be typical children's playground noise. • Visible emissions. There will not be any visible emissions from this use. • Vibration. There will not be any vibrations emanating from play area that will be discernible without instruments at the property line. • Odors. There will not be any odorous gases or other matter generated from the use in such quantities as to be readily detectable at any point beyond the property line. • Glare and heat. There will be no direct or sky-reflected glare visible at the property line, or any emission or transmission of heat or heated air, which will be discernible at the property line. • Insects and rodents. All wastes will be stored in closed containers, and the grounds will be maintained in a manner that will not attract or aid in the propagation of insects or rodents or create any type of health hazard. Chapter 18.730 Exceptions to Development Standards: This Chapter is not applicable. Chapter 18.740 Historic Overlay: This Chapter is not applicable. Chapter 18.742 Home Occupations: This Chapter is not applicable. Chapter 18.745 Landscaping and Screening: Chapter 18.745.040 Street Trees: The plan includes street trees along the Shady Lane frontage. There is no place to plant street trees along the Greenburg Road frontage. Chapter 18.745.050 Buffering and screening: The buffering and screening matrix (Table 18.745.1) does not show a requirement for buffering and screening between abutting commercial uses. All of the abutting properties are commercial uses. Screening and landscaping of the parking lot, service facilities and refuse containers is required, and is provided. The refuse container and recycling area will be behind an existing solid masonry wall in back of the building. The parking lot will be screened by the landscaping in the planter strip. Chapter 18.750 Manufactured/ Mobile Home Regulations: This Chapter is not applicable. Chapter 18.755 Mixed Solid Waste and Recyclable Storage: This Chapter is applicable. A retail space is required to have 10 square feet of storage area for every 1,000 square feet of gross floor area under subsection C., "minimum standards method". This building is 2000 square feet, so a 20 square foot area is required. The area behind the building within the block walls is about 126 square feet. A letter from Pride Disposal Company is attached as Exhibit'N'. 20 ejm/rainbow/0937.001/ cupappfindrrev2/12/05/05 • . *Rainbow Park and Playground CUP • Chapter 18.760 Nonconforming Situations: The building on the property conforms to the current setback, height and other dimensional requirements, except for the maximum-allowed front and side yard setback limitation of 10 feet. The existing parking lot does not conform to current parking lot landscaping standards, but it is landscaped all around the edges. The site will become more conforming to current standards because of this development than it is currently. • Chapter 18.765 Off-Street Parking and Loading Requirements Vehicular oarkino: The design of the parking lots meets the regulations of this Chapter in terms of landscaping, lighting, drainage, pedestrian access, width of access aisles, and • disabled-accessible parking. The parking lot has nine spaces - four compact spaces, one handicapped-accessible space, and four other full sized spaces. The aisle is shown at • 24'-wide, instead of 26'-wide, which is adequate because 1). The parking area is one- d ' as -wide pedestrian access could be use sided, instead of double-sided, and 2). The 6 an vehicle overhang area if necessary. This provides more than adequate maneuvering • space on the site. The number of off-street parking spaces is sufficient. Mr. Nored has 11 years • experience in the business, and is certain that 9 spaces is more than enough. The Development Code requires 8 spaces for the commercial use inside the building (2000 gross square feet at 3.7 spaces per 1000 gross square feet equals 7.4 required spaces.) • The area covered with a shade cloth or awning in the northwest corner doesn't require parking spaces, nor does the porch area on the north side of the building. There may be some question as to parking requirements for the playground area, including the area • under the canopy. This is addressed below. The parking requirement for outdoor entertainment is 4.0 spaces / 1000 square feet, according to Table 18.765.2. The question is, square feet of what? It clearly does not " " outdoor entertainment mean the square feet of the entire outdoor play area, since includes golf courses and shooting ranges. " " as follows: space Section 18.765-070, subsection C.4 defines C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H: 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off- street parking or loading. 0 The 4.0 spaces / 1000 square feet of "space" means the gross floor area under the roof measured from the faces of the structure. This section is clearly referring to space • inside of a building or structure. The play area is not inside of a structure. The area under the canopy is under a roof, similar to the area under the porch roof on the north side of the building. But there are no walls, so there are no faces of the structure, or gross square floor area within a structure. Therefore, there is no parking requirement for the playground area. • In addition to the nine spaces provided on-site, closing the northern driveway creates two new on-street parking spaces adjacent to the site and close to the pedestrian • ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 21 Rainbow Park and Playground Cus , • walkway. There is no other adjacent or nearby business whose customers would use these spaces. There is also other on-street parking available along Shady Lane, particularly during early evenings and weekends when most of the playground events would take place. Bicvcle oarkinq: The site plan shows 1 bicycle parking stall on the north side of the building, under the porch roof. The Code requires 1 bicycle parking space. Chapter 18.775 Sensitive Lands: There are no sensitive lands affected by this proposal. Chapter 18.780 Signs: The applicant is not proposing any new signs, other than changing the sign faces within the existing sign structures. Chapter 18.785 Temporary uses: This Chapter is not applicable. Chapter 18.790 Tree removal: No trees are being removed. Chapter 18.795 Visual Clearance Areas: The only area where this applies to this site is where the south driveway to the parking lot connects to the public street. That area will meet the visual clearance requirements of Section 18.795.040.B of this chapter. (See letter from Howard Stein, Transportation Engineer, attached as Exhibit 'H'). Care will be taken to balance the street tree and parking lot landscaping requirements with the need to maintain adequate visual clearance. Chapter 18.797 Water Resources (WR) Overlay District: This Chapter is not applicable. Chapter 18.798 Wireless Communication Facilities: This Chapter is not applicable. Chapter 18.810 Street and Utility Improvement Standards: Shady Lane is developed to full city standards (40-feet pavement width, with sidewalks along both sides) and sufficient right-of-way (60') has already been dedicated. Greenburg Road is 6 lanes wide adjacent to this parcel, and appears to be fully developed. The preliminary site plan does not include any dedication of right-of-way along either street, nor any street improvements other than replacing the north driveway apron with a sidewalk, and adding street trees. According to Greg Berry, Utility Engineer, there is no public sanitary sewer line in Shady Lane, or on the south side of Greenburg Road. The closest public sanitary line is at the southwest corner of tax lot 900, 1S 1 356BD, a parcel directly across Shady Lane from the subject site. There is a manhole at this location, with a public sewer line connecting to a 30" trunk line that follows the creek. The subject property appears to be connected to the public sewer system through a lateral to this manhole. The applicant is not increasing the number of plumbing fixture units, so the public sewer system is not impacted by the re-utilization of this property. Utilities have been addressed earlier in this application. No improvements to the existing utilities appear to be necessary. Clean Water Services Design and Construction Standards Manual The site is being redeveloped, as defined in Section 1.02.47 of the Clean Water Services Design and Construction Standards Manual (March 2004), primarily because it includes 22 ejm/rainbow/0937.001/cupappfindtrev2/12/05/05 • • .Rainbow Park and Playground CUP reconfiguration of an existing driveway, which thereby alters the existing improved impervious area on the property.' For redevelopment activities, Section 3.02.1.e.2) applies, which states that Section 3.02 shall apply only when the activity alters 10% or more of existing improved impervious area within 100 feet of the Sensitive Area. The subject property is over 100 feet from a Sensitive Area. The Service Provider letter from Clean Water Services (Exhibit 'B') acknowledges that any sensitive areas are at least 200 feet away. Further, the applicant • is proposing to alter less than 10% of the existing, improved impervious area. (It is actually 3.4%. There will be 95 square feet of impervious surface added, but 462 square feet of impervious surface removed, for a net reduction of impervious surface of • 367 square feet.) • Jackie Humphreys, a Plan Reviewer at Clean Water Services, confirmed in a telephone conversation on November 21, 2005 that if the site is over 100 feet away from a sensitive area and the applicant is altering less than 10% of the existing improved impervious area, CWS's would not require a storm water quality facility. However, she • said the City may require water quality treatment, even if Clean Water Services would not. Kim McMillan, Development Review Engineer for the City of Tigard, stated in an e-mail message dated November 28, 2005 that the City will require storm water quality treatment, at least for the parking lot area. As she states in her e-mail message, she " She expects "at least an attempt to treat the parking lot runoff with catch basin filters. goes on to state "detention is not required until more than 5000 square feet of new • impervious surface is created, therefore no detention is required for this project." Because this is a re-use of a previously developed site, and because the altered area is • less than 10%, and because the amount of impervious surface and parking lot area is actually being reduced, the applicant respectfully disagrees with the staff's requirement to treat the storm water runoff. The only practical way to provide storm water quality . would be to retrofit one or both of the existing private catch basins, which would cost approximately $10,000 apiece. This is an excessive requirement, considering the positive impact the redevelopment will have on the quantity and quality of storm water • run-off. Clean Water Services has specific standards and policies regarding when storm water quality improvements must be made, and those standards clearly exempt the types of minor alterations of a site such as the ones proposed by Mr. Nored. By contrast, the City does not have specific standards and policies that would require storm water quality improvements for these types of minor site improvements. Therefore, the Clean Water • Services requirements should apply in this case. • ' Section 1.02.47 defines redevelopment as "...any activity that alters existing improved impervious area on the subject property. Redevelopment includes, but is not limited to: the expansion of or change to an existing building footprint or structure; reconfiguration of existing roadways, driveways, or parking lots; and land • disturbing activities related to structural or impervious area modifications." ejm/rainbow/0937.001 /cupappfindcrev2/12/05/05 23 • Rainbow Park and Playground CUP Rainbow Park and Playground Company's request for a Conditional Use Permit to allow this outdoor entertainment use should be approved. It is a creative, adaptive re-use of a site and building originally designed for a completely different type of use. The site improvements will bring the site closer to meeting all current city standards, will eliminate an eyesore in the neighborhood, and will put the property into productive use. The redevelopment of the site will result in the closure of one driveway, which will improve the safety of the Greenburg Road/Shady Lane intersection. The proposed redevelopment of this site for the proposed use will have a positive impact on this commercial area. The redevelopment plan shows that the proposed use fits very well on this site. The location, the site size and shape, the existing buildings and structures on the site, and the large area for the outdoor entertainment use, all combine to make this property wonderfully suited for the proposed use. The redevelopment plan meets the requirements and standards of the Tigard Development Code, and this application addresses the approval standards and conditions of approval found in Section 18.330.030 of the Code. The redevelopment plan meets the Clean Water Services regulations for both storm water quantity and quality. The applicant disagrees that storm water quality improvements should be required as a condition of development. ejm/rainbow/0937.001/cupappfindrrev2/12/05/05 25 • .Rainbow Park and Playground CUP Exhibit' A' Tax assessor's map showing the location and dimensions of the tax lots Exhibit' B' Service provider responses - Clean Water Services Agency Exhibit' C' Aerial photographs Exhibit' D' Flyers advertising existing businesses Exhibit' E' Preliminary Site Development Plan Exhibit ' F' Existing Conditions map Exhibit' G' Maps of existing utilities Exhibit' H' Sight clearance certification letter Exhibit'I' Pre-application conference notes Exhibit T Neighborhood meeting documentation Exhibit'K Incompleteness letter from Gary Pagenstecher and notes from Kim McMillan, City of Tigard Exhibit 'L' Photographs of the site Exhibit'M' Sample pictures of playground structures Exhibit'N' Letter from Pride Disposal Company ej m/rainbow/093 7.00 I kupapp find rrev2/ 12/05/05 27 W wee ;^:::~~a: ~ ~ ~ W; ~ ,.¢c,.• ~ ,~e,: :,~`.'_~i.~,'; '•~•~~[~'~•:,~,'C~~;• ~p ~.j r'"~ pWZFZ~-~gL qp 94 7 r :,rte .:*r ,Af;':&'. •'h`" t~ ►-W ,p to~ fl :;R 1'• t.''.1 i \'ht~ 'y'•' ,~.'^.'•::.._...r'-r:T;'"oC',:: cca. O[~JU'flg ErO w ~ . h~ N } .c - a n R' R / NY`-'+ s" g 4 .E4. - •s i F7' I { c ~ Itov ra, ,~{1a f•~ t i T • ~ ~Y ~H ~ 'gip _~I : I ~ S /i i/ b dwaJnei..wl `fG-~8R ~f 3. A'f~ 41 I ~ l ~ //aJ! s+f!-'_~ `.I I ` -p'tai yq', ! ~f p~ .'`J'~„'^• 00 cr) j, C\l • - { ' ` : :::;gym. CF) t I ? .off 1 1', bll,,\111,\'.\1\1, ~ 1 / tw\' ~,,,yµ`"+.a,+vH.r /N I ~`a4 4qb~ 5 QY c f j Y _ _ ~uiw~ ___R _ ~ ~~,pi c ~ t ,I I ~+k,ly,~ ,M, ~ i"1 ~ i ~,r cmu +,ktJr~.:^ V7 h RPM '.t n ,p' ~ a'~J,'1~'~.~,q~~`, :.{F(~/Yy~ ~ 4dy~` 1,;~~•'' ~t i' ,V~'' 's. :~5~`-.,~ _-rte.." ay 4 R .-f r • r' 14 ti r '.x a .'s Z r W y{ ;t E.. e1i~ g Q Y a ;I •y~ • • • • • • • • • • L r,. U ~I CLR .l OC i o 2005 ~ Fie4liumber (j "J~ 00°~~0 CleanWater \ Services ay Our commitment is clear. ,,~,nsrea Pre-Screening Site Assessment EXHIBIT B Jurisdiction Tigard Date October 5, 2005 Map & Tax Lot 1S135BDO0200 Owner T)nnald & Marl .n . Huggins Applicant Peter Keefe Site Address 9785 SW Shadv Lane Company LDC Design Group Address 20085 NW Tanasbourne Proposed Activity Retail sales and demonstration City State Zip Hillsboro, OR 97124 for playground equipment Phone 503.858.4242 manufacturer Fax 503.645.5500 By submitting this form the Owner, or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. Official use only below this line Y N NA Official use only below this flne F-1 Sensitive Area Composite Map Map # I51 VJ 01 Locally adopted studies or maps ❑ ❑ Specify Official use only below this line Y N NA Stormwater Infrastructure maps ❑ ❑ X QS # 'LAI 1-0) ❑ ❑ Other Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-9: ❑ Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. • • • Sensitive areas do not appear to exist on site or within 200' of the site. This 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 04-9, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. ❑ The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. • i • • • • Reviewer Comments: 114 (A ;;2~ 40 M, C&AIV-~- I A14,;6k e*If-!~ ?np,- Reviewed By: 4 tc-EA S C aO,4=r Date: ~0 1 12-1 05- Post-it" Fax Note 7671 To ,ek L-ee' e. co./M C~-e4si go, Phone 3~ fe;4 q-%GO ID 1q1'a-1 os IPages® I Fro~M~ S Co geo ICo. CWS S PgA-w?,?1-34i?--,, ices.ora Fax # OffldaR use offly Returned to Applicant Mail _ Fax V Counter _ Date 1O4a ~ By Ar- • c i a. Y 3 Nit • y . r W, c ell i pp Z~4. it b U t w d t ~ 1 • 0 4 . rr, a • =j 14 • c f n • U C Y t • O E • O • o • • 0 0 • T C m • E + a Exhibit C1 R*3 i9 1,4 I "q L n ~C Exhibit C1 • , Rainbow Park and Playground Design Group Tigard, Oregon • O) 0 U a Pali c-p-y 20085 NW TANASBOURNE DRIVE HILLSBORO, OREGON 97124 PH: 503.858.4242 .Sources: Metro Data Resource Center, RLIS Lite Data Disc, August 2005, • p J FAX: 503.645.5500 GoogleEarth • Date: October 7, 2005 Project 0937.001 Drawn By: RS Exhibit C2 CL. U r y • a ' ~J' i~ LL j r . f r LL C • Q 'il I~ i5 1 • 7 F.~l , i + y • U ` o IKI- + - a 7 • yr`.r i % • O • - F- yy . 406 • 4 µ V 0 ! 4 O t Y Mw `.rr~r• T'r - Exhibit C2 • a C w Park and Playground b • ~ o Rain • C % Tigard, OR Design Group • N Q nPOrati carnPOny 0085 NW TANAB000RNE DRIVE 2 OREGON 07124 LBBORO Sources PortlandMaps.com, 2004 • U , MIL PH: 503.850.0242 FAri: 503.845.5500 ~ • J III x ~ .k 1 4 Date October 7, 2005 Not to Scale Project 0937.001 Drawn By: RS RLMS(erv(e Y(CDLZIr Opo To avdF ®m® Call us at: 689-1702 OR 1-888-276-8008 WE ARE YOUR GRO U HEADQUARTERS Rainbow Park & Playground 689-1702 www.123playgroundcom 5 Rainbow Park a Playground rt zo n e c~st.r CASTY 13irthdaY °r Play ~ro4p ~Ritt4~1'e(a ;I'll#~IT" i ~ `i~ Gar i::-•::'jii: ~ Fir your childs nex i ! Ili _~►~1) The Children can play in our showroom full of r wonderful and exciting RAINBOW playlets. They can scale our rock walls,slam dunk on our adjustable Bison Basketball Hoops, ride our friendly purple dino or reach for the moon in our huge inflatable Castle Bouncer. Fee% We have it all to keep your children entertained for hours. PartY Where: 90496 Hwy 99 North Suite 2 Eugene, OR 97402 1.7 miles north of Beltline Two hour parties:Tues-Thurs $90.00# Friday Saturday Sunday $99.00 VISA7 When: Tuesday - Sunday Two hour slots avaiable. Please call ahead to reserve your time Who: Children ages 10 and under Maximum 15 children Fee includes use of play systems, basketball hoops, castle bouncer, and one party room. Fee is due at the time of reservation. • * $50 deposit is required the day of your party - Refundable at parties end, after clean up. Children playing in rainbow showroom can do so only under adult supervision. Must have ONE adult per M FOUR children. You are responsible for clean-up of your area. CCB# 140880 0 ,eserve YoVr ?,ar ty To day Call us at: 503-493-0663 OR 1-800-RAINBOW 41 V~ V A 4~1 Lo yak -_L` *WEAREYOUR Q~YGROvNo HEADQUARTERS dnbow Paris & Playground Co. 503493-0663 www.123playground.com Rainbow Park & Playground 10%11 Z100,0 For you Childs next Birthday or Play Group The children can play in our showroom full of wonderful and exciting RAINBOW play sets. They can scale our rock walls, fly down our spiral slides and reach for the stars on the swings.We have it all to keep your children entertained for hours. F_ I Where: 4835 NE Pacific St Portland, OR 97213 Pacific St. is located off of 52nd & Halsey ~W 7§s- ty ~o 0 Two Hour Parties Tues - Sat $135.00 Due at the time of reservation WE PROVIDE THE PARTYARER September thru March Tuesday - Saturday Two hour slots available. Please call ahead to reserve your time Children ages 9 & Under Maximum 15 children. Private Party Rooms w/ Tables & Chairs Refrigerator & Freezer Cleaning Supplies YOU BRING THE REST!! Food, Drinks & Decorations $50 deposit is required the day of your party - Refundable at parties end, after clean up. Children playing in the Rainbow showroom can only do so under adult supervision. Must have ONE adult per FOUR children. You are responsible for clean-up of your area. 0 0 OPEN PLAY *Adult Supervision Required* $8.00 per child ages 9 and under • (under 2 free) Call ahead for available times 689-1702 NO open play when events are scheduled 0 Please sign i10 n at the office beforeyCaymg± Maximum 35 Children AREA CALCULATIONS Total Site Area Total Existing Landscape Area Existing Landscape Area • to be removed Existing Landscape Area • to remain • New Landscape Area Total Proposed • Landscape Area • • • • • • • 19,166 SF 2,964 SF (15.5%) 122 SF 2,842 SF 391 SF 3,233 SF (16.9%) i i ~C) I I I I 1. r ' ~ -IJ EXISTING SIGN QQ, r " ~ rr r r i rr y ~ ~ EX. OVERHEAD CANOPY EX. BOOTH Exhibit'E' BIKE RACK REFUSE/RECYCLING lull f i. \ ❑ ❑u L - - - - - - - - EXISTING CONCRETE CURB/PAVING EXISTING BUILDING _ - 2000 S.F. G.F.A. I I o I I I l~ ©O PEDESTRIAN ACCESS n I PROPERTY LINE (TYP.) 18.5' 24' EXISTING m C 16.5' ASPHALT -r w NEW CURB C NEW STREET TREES J NEW CONCRETE J NEW CONCRETE DRIVEWAY APRON CURB & SIDEWALK SW SHADY LANE 1 1 I I I I I i l I ~~i 1 % I I I 1 PICNIC AREA WITH SHADE CLOTH & WATER FEATURE NEW CONCRETE PAVING (TYP.) PLAY AREA WITH ENGINEERED WOOD FIBER SURFACING RB (8000 s.f.) e 1! NEW CONCRETE CURB & SIDEWALK (TYP.) ~N oZg tZ 01 Z =4rn a F V) p w Y Z zQ J z0 a~ ED io o J wo Z CL N Q Qp 'nF a o z a N a w z d w a o o 0 K. mao ~o< _ Z R m S j c----- ~ - J S Q) M ^ 7 . m i d- t . c g a w m ~ a U 0 l u W O ~ CL E n i c i ,ae NO_0937.001 c e SHEET KtM n • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • EXISTING UTILITIES -Xss - XSD XW / SANITARY SEWER LINE STORM DRAIN LINE WATER LINE WATER METER/SERVICE FIRE HYDRANT STORM DRAIN MANHOLE CATCH BASIN SANITARY SEWER MANHOLE CLEAN OUT \ LIGHT POLE UTILITY POLE j EX. 12" CONCRETE SIDEWALK Exhibit `F' PROPERTY LINE (TYP.) E'ISTING TREE (TYP.) - / / I I pJ EXISTING SIGN / - EXISTING i" WATER METER _ ~A- EXISTINGL- f ~ _ - V j CONCRETE - ! r CURB/PAVING] - A-~ EXISTING BUILDING 2000 S.F. G.F.A. j - - EX. ASPHALT I ` CONCRETE EX. CURB AND LANDSCAPE EX. CONCRETE i AREA TO BE REMOVED (TYP.) yl I PROPERTY wl LINE TYP. I EX. ASPHALT ( ) - I ---13 L- I CONCRETE •I I I j EX. FENCE EX. OVERHEAD TO REMAIN CANOPY N~ EX. FREESTANDING POLE EX. FENCE TO EX. BOOTH SIGN TO BE REMOVED BE REMOVED (TYP.) ---xL-_---- i --EXISTING CURB AND yl I LANDSCAPE AREA TO BE REMOVED c - EXISTING DRIVEWAY t - TO BE REMOVED _J CB f SHADY LANE H f R.O.W \ I E B m ' EX. CON RETE SIDEWALK THROAT OF x o1 113.6' PROPOSED DRIVEWAY 159.6 (SEE SITE PLAN) EX. 12" WATER LINE SW SHADY LANE I~ DEX 12" RAIN LINE STORM x %S➢ - %SD- XSD XSD- XSD -i- XSD %S➢ - XSD - XSD - %SD - - XSD - - XSD- XSD-) C xW-XW'-XW-XW -XV-xW-1,-XW--XW-XW-xW-XW~ XW--XW-XW- EX. CONCRETE SIDEWALK \ r ' X cli N CN oZg ~ qm Z m oe = 41 WX "I'll WX w a Fa z 0:~ M J co aCD oc 0J No z_a- aia Qp NF ~z co r- < rn n z J CL V) M 0 F 0 z 0 U z F o X w a r a >S~ m a 0 . p io 5 Wn g _ NNT~ :5 y ^ ccw; ^ C 7zd o ^ao 'c c CL Lu U) % U i ° & u u o / d ` E r i jm ma: 0937.001 c \ C DUT NO. oF 2 3 EXC • i Ntv N 7 fi N cc 1 811 \ 0 z I A " rr- • C e 1 '7117 ❑ • - j-1 ~ \ N 1 aooooo 000000 00000 ooa0o0 ao0o0o oa0oo 00 0~ aa0o Ah, 3 E L N as Q-o 10400 [RIGHT-OF-WAY STM. STA CONNECT TO EXIST- Ur PLk ABANDON EXIST. I.E. OUT S Jite EXIST. EDGE OF PAVEMENT / EXIST. CB 0 IT DRIVEWAY I DRIVEWAY 1 411 I DRIVEWAY , ' ~ I I 1 STM. STA 11+80.96 \01 STA 12+59CWLNECT TO 17 INSTALL 34.95 LF. OF NECT TO 2" PIPE 12PVC PIPE (ASTM 3034) STM. STA 10+76.55 INSTALL 290.05 . OF WITH 12" X 10" TEE PIPE ITH 12" X 10' TEE A WITH E121 X 1OZ-TEE E~ 1+00 12' PVC PIPE (ASIA 3034) / 0 2+00 - - - - r STM AE 0+00 PAVEMENT I NSTALL 12~ X 60" TEE STM. STA 10+34.95 EXIST. EDGE O 1 I WITH I I r~rr INSTALL FLAT TOP MANHOLE PLUG y 0 Oro c 11 M 1'" ® 1 w INSTALL 14 LF. OF ~I ^°'^7I I84' ' c nc ~ ,}t\~I ~ 1_ ~ I c 10" PVC PIPE (ASTM 034 I/ T STA 10 PVCI PIPE (A. 3034) T _ i ° 6 .4Y: e' R I OF -J I DRIVEWAY I 7` S CONNECT TO EXIST. CB DRIVEWAY INSTALL PVC VC 7.77 .77 ( LF. ASTM 3034) DRIVE WAY PWG k ABANDON EXIST. 4' LE. OUT S 10- VC PIP RIM 165.04 / - CONNECT TO EXIST. 5B . LE- OUT 163.00 J PLUG & ARAN[1ON E%IS . 12" PIPE PROP P FOREE WATER UNE INSTALL STANDARD CB (3 LOCATIONS) BEEFORE PLACING ANY PIPE SO RIM 165.00 RIM . 1. - 28,83% RIGHT-OF-WAY ADJUSTMENTS MAY BE MADE PROP. LE OUT 16200 PROP. E OUT 163.55 . PROPERTY LINE DRIVEWAY I STM. STA 14+26.12 INSTALL 12" STUB-OUT CONNECT TO 12' PIPE / WITH PLUG MATH 12" ) 10' TEE 4+00 STM. STA'3+25 INSTALL 235 LF. OF INSTALL STANDARD MANHOLE CURB & GUTTER INSTALL 10 LF. OF 03 10" PVC PIPE (ASTM 3034) .Lkc x GUTTER > - 14.10% EXIST. CURB POTHOLE WATER LINE RIGHT-OF-WAY BEFORE PLACING ANY PIPE SO ADJUSTMENTS MAY BE MADE WSTALL n__.---- _ CURB INLET RIM 164.93 PROP. LF OUT 161.93 INSTALL CURB AROUND INLET AS REQUIRED TO AVOID WATER LINE • O Ur) ~t Ld O ~ m a Z rirai~ Z J Li =Ld U (n f-- Q 0 Water 1 Storm Water 0 0 0 Aibit %H F PRELIMINARY Intersection Sight Distance Certification December 2, 2005 Project: OR05.050.T22 - Rainbow Park Ms. Kim McMillan • Development Review Engineer City of Tigard • 13125 SW Hall Blvd Tigard, OR 97223 • RE: Rainbow Park and Playground PRELIMINARY Sight Distance Certification • City File Number: CUP2005-00002 • Dear Ms. McMillan, The following is a preliminary assessment of available sight distance from the driveway of a proposed new facility for the Rainbow Park and Playground Company to be located at 9785 SW Shady Lane in Tigard. The applicant is proposing to convert the currently • vacant site to a sales center and an outdoor play area for children's events. The site has been used in the past as a gasoline/service station, and most recently as a vehicle sales and rental business. Two driveways are currently available to access the site. As • part of proposed improvements for Rainbow Park, the applicant will be closing the west driveway (closest to SW Greenburg Rd), and moving the east driveway a few feet • west to align with the parking aisle. Thus, the access for this project will be located approximately 22.5 feet west of the site's east property line onto SW Shady Lane. The posted speed limit along SW Shady Lane is 25 MPH, requiring 280 feet of intersection sight distance in both directions along SW Shady Lane from the proposed Rainbow Park driveway, in accord with Exhibit 9-55 (Case B1 - Left Turn From Stop) in • AASHTO's A Policy on Geometric Design of Highways and Streets (2001). A preliminary assessment of available intersection sight distance from the proposed • Rainbow Park and Playground driveway along SW Shady Lane was performed based on AASHTO criteria. AASHTO recommends that measurements be based on a driver's eye height of 3.5 feet above the minor approach at a point approximately 15 feet from the road's edge, extended curb line, travel way et cetera, to an approaching object at the required distance (Exhibit 9-55) whose height is also 3.5 feet above the road surface. • Looking west along SW Shady Lane from the Rainbow Park driveway, sight distance was measured to be at least 280 feet (to the SW Greenburg Rd intersection). • However, looking east from this same location, AASHTO criteria is only achievable if some minor improvements (see below) are implemented. Currently only about 115 feet of intersection sight distance is available to the east from the same proposed • driveway location due to a tall row of hedges currently growing along the site's east property line and more importantly, the allowed on-street parking along the north side of SW Shady Lane. To achieve the desired AASHTO sight distance, the hedges should be trimmed back or a portion removed, and a no parking zone should be established along the north side of SW Shady Lane from SW Greenburg Rd to the second driveway • east of the proposed site's east property line on to SW Shady Lane. • • • • • • Q~T ENGINEERS 20085 NW TANASBOURNE DR. HILLSBORO OR 97124 PH 503.690.8080 FX 503.645.5930 WWW.CTSENGINEERS.COM PARATI CORPORATE OFFICE. HILLSBORO, OREGON Rainbow Park Preliminary Sight Distance Certification Page 2 December 2, 2005 In conclusion, I hereby certify that intersection sight distance is achievable at the proposed access for the Rainbow Park and Playground facility providing the mentioned improvements are addressed. Available intersection Sight Distance will conform to the requirements as set forth in AASHTO's A Policy on Geometric Design of Highways and Streets (2001), subject to the following improvements: a. Hedges along the site's east property line on to SW Shady Lane should be either trimmed back or a portion removed. b. A no parking zone should be established along the north side of SW Shady Lane from SW Greenburg Rd to the second driveway east of the site's east property line on to SW Shady Lane. Sincerely J- / Howard S. Stein, P.E. Transportation Engineer Attachments RENEW DATE • • • • • • • • • • • • • • • 0 OSTUDY AREA SIGHT DISTANCE VIEWS PROPOSED RAINBOW PARK ACCESS TO SW SHADY LANE Tigard, Oregon J1 '14 of A BE .tl r~ t • Looking west along SW Shady Lane from the proposed Rainbow Park and Playground driveway. Taken from 15 feet back, 3.5 feet above driveway to flag at 280 feet and 3.5 feet above road. r Hedgerow Obstruction ~*f On-Street Parking Obstruction, Looking east along SW Shady Lane from the proposed Rainbow Park and Playground driveway. Taken from 15 feet back and 3.5 feet above driveway - sight distance measured about 115 feet. Note hedge and on-street parking. Photos Taken by CTS Engineers • • STUDY AREA SIGHT DISTANCE VIEWS PROPOSED RAINBOW PARK ACCESS TO SW SHADY LANE Tigard, Oregon • 'Y',• x ~:ll 11, 1,~,~~~ Hedgerow t Obstruction On-Street Parking Obstructions ~itw:,xti!ia i. Looking east along SW Shady Lane from opposite the proposed Rainbow Park driveway. Flag is at the second driveway east of proposed Rainbow Park driveway. Photos Taken by CTS Engineers Looking east along SW Shady Lane from the proposed Rainbow Park. Flag is at the second driveway east of proposed Rainbow Park driveway. • • • • • • • • • • • • • • • • • • • • • • • • • • • i • • r • • • Exhibit 1' RE.AP MG DE l WIFRYAR APPLICANT: Phone: (i~``1 7 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: - NON-RESIDENTIAL "o1. AGENT: Phone: ( 1 TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: ,rv~->r~~ %,f ~n~pi=~u~•,~ COMPREHENSIVE PLAN MAP DESIGNATION: )Ii ~lxr77/k lvM /alb ZONING MAP DESIGNATION: mdz - ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. s`~a 1 _ ~ _44 0 ~ & S~ywS~~ ~8 • d ~j MINIMUM LOT SIZE: 6- sq. ft. Average Min. lot width: --6-~ ft. Max. building height: 2,) ft. Setbacks: Front ft. Side ft. Rear g3- ft. Comer -&-ft. from street. MAXIMUM SITE COVERAGE: 51*) % Minimum landscaped or natural vegetation area: NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND Tt3E CITY OF.TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submittina vour application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section NARRATIVE [Refer to Code cotter 183901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. [ IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As apart of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. 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 requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [ ACCESS [Refer to Chapters 18305 and 183651 Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: WALKWAY REQUIREMENTS [Refer to Code Section 18305.0301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS [Refer to Code Chapter 183301 ➢ STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet, along the site's boundary. ➢ FLAG LOT: 10-500T SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18336.0102JI BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least half ('/z) of the building's height; and ➢ The structure will not abut a residential zoned district. [fit] BUFFERING AHD SCREENING [Refer to Code Chapter 18.1451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may of be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section The ESTIMATED REQUI ED BUFFER WIDTHS aDDlicable to vour Drooosal area are: • feet along north boundary. feet along east boundary. feet along south boundary. feet. along west boundary. • IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: • ER, LANDSCAPING (Refer to Code Chapters 18.745,18:765 and 183051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR • PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured • four (4) feet above grade... Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations • affecting street trees may be obtained from the Planning Division. • A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking • areas shall include special design features which effectively screen the parking lot areas from view. • These design features may include the use of landscaped berms, decorative walls, and raised • planters. • ' RECYCLING (Refer to Code Chapter 183551 • Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such • as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride, • 625-6 Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) • [ PARKING (Refer to Code Section 18365.0401 • REQUIRED parking for this type of use: • Parking SHOWN on preliminary plan(s): • SECONDARY USE REQUIRED parking: • Parking SHOWN on preliminary plan(s): • NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED • AS COMPACT SPACES. • PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space. dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. • Note: Parking space width includes the width of a stripe that • separates the parking space from an adjoining space. • Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as • landscaping for meeting the minimum percentage requirements. • HANDICAPPED PARKING: • ➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking • spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans • with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL • DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and • in convenient locations. • LOADING AREA REQUIREMENTS (Refer to Code Section 18365.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be • provided with a loading space. .The space size and location shall be as approved by the City • Engineer. • CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division section BICYCLE RACKS (Refer to Co*ection 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS [Refer to Code Chapter 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR . FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the Are- application conference. based on available information. HOWEVER, the resDonsibility to precisely identlfv sensitive land areas, and their boundaries, is the resDonsibility of the aoplicant. Areas meetina the definitions of sensitive lands must be clearly indicated on glans submitted with the development aoalication. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS., ❑ STEEP SLOPES [Refer to Code Section 18.715.080.01 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.0. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEANWATER SERVICES 1CWS1 BUFFER STANDARDS [Refer to R a 0 96,441111ISA Regulations - Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Desian Criteria: .The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 96-44 :.-z.at •.vY }6 b:a'+'.,: d .:vi?w_ Jsc c._..... ~`F +-i TT4' .._r- _ > .r<k::.. _ _ ._,a.. . ♦ Streams with intermittent flow draining: <25% 15 feet 0 10 to <50 acres 25 feet 0 >50 to <100 acres , • Existing or created wetlands <0.5 acre 25 feet ♦ Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow ♦ Streams with intermittent flow draining >100 acres ♦ Natural lakes and ponds ♦ Streams with intermittent flow draining: >25% 30 feet * 10 to <50 acres 50 feet f >50 to <100 acres ♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure ♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting ♦ Streams with intermittent flow draining > 100 acres point to the top of ravine (break in ♦ Natural lakes and ponds <25% slope), add 35 feet past the top of ravine', 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Applicatlon/Planning Division Section R8strictions in the Veae* Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Veaetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a`CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. [ SIGNS [Refer to Code Chapter 183801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard.. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,.a Sign Code Exception application may be filed for Director's review. TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18390.030.0 A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the.City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.1) according to the followin g standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: * Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; f Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. MITIGATION [Refer to Code Section 18390.060.EJ REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Applicdon/Planning Division Sedan a re lacement9e of the size cut is not reasonably available on the local market or would ➢ If be viable, the Director shall require replacement ith more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on. the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. rOl CLEAR VISION AREA [Refer to Code Chapter 18.795] The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT ~8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL L07 DIMENSIONAL REQDIREMEN7S [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. CODE CHAPTERS _V_ 18.330 (conditional use) 18.340 (Direcws Interpretation) 18.350 (Planned Development) 18.360 (Site Development Review) _ 18.370 (VarianceslAdiust ments) 18.380 (Zoning Map/TextAmendments) 18.385 (Miscellaneous Permits) 1--8.390 (Decision Maldng ProceduresAmpact Study) 18.410 (Lot Line Adiustments) 18.420 (Land Partitions) _ 18.430 (subdivisions) 18.510 (Residential Zoning Districts) _x/(8.520 (Commercial Zoning Districts) 18.530 (Industrial Zoning Districts) CITY OF TIGARD Pre-Application Conference Notes NON-Residential Applicationipianning Division Section X18.620 (Tigard Triangle Design standards) " 18.630 (Washington Square Regional Center) 8.705 (AccesslEgresslCircuiation) 18.710 (Accessory Residential Units) 18.715 (Density Computations) 18.720 (Design Compatibility Standards) 18.725 (Environmental Performance Standards) 18.730 (Exceptions To Development Standards) 18.740 (Historic overlay) 18.742 (Home occupation Permits) X18.745 (Landscaping & Screening Standards) 18.750 (ManufacturedlMoiri Home Regulations) 18.755 (Mixed Solid WastaRecycling Storage) 18.760 (Nonconforming Situations) 18.765 (offStreetPartcinglLoading Requirements) - 18.775 (Sensitive Lands Review) 18.780 (Signs) - 18.785 (Temporary Use Permits) 18.790 (Tree Removal) Z"') 8.795 (Visual Clearance Areas) 18.798 (wireless Communication Facilities) _k ' 8.810 (Street & Utility Improvement Standards) Page 6 of 8 IiD91flONMl CONCERNS OR COMMA: 0 . ~i~ c~1C=fi ~iU7`i~.~~~~J ~1i~l;-Ld I S /7G~` .~l~i}i~..~ir.~!/•/. X / r5 4 PROCEDURE Administrative Staff Review. ✓ Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission recommendation on the proposal to the City Council. held by the City Council. with the Commission making a An additional public hearing shall be APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Plannina Division acceptance may be returned. The Planninq counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One. 81/2' x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application Js complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section The administrative decis3h or public hearing will typically occur approximately 45 to 60 days after an • application is accepted as being complete by the Planning Division. Applications involvindifficult or • protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public • hearing. A 10-day public appeal period follows,all land use decisions. An appeal on this matter • would a heard by the Tigard C flu /,-J-,,;1 ( . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. • This PRE-APPLICATION CONFERENCE AND THE NOTES OF. THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code • requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of • development approval. These pre-application notes do not include comments from the • Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be • demolished has system development charge (SDC) credits and the underlying parcel for that • structure will be eliminated when the new plat is recorded, the City's Dolicv is to apply those system development credits to the first buildina_Dermit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS • OBTAINED). • PLEASE NM: The conterence and notes cannot cover all Code requirements and aspects related • site planning that should apply to the development of your site plan. Failure of the staff to provide information required b the Go de shall not constitute a waiver of the applicable standards or requirements. • It is recommended that a prospective applicant either obtain and read the Community Development Code or • ask any questions of City staff relative to Code requirements prior to submitting an application. • • • • • • • • • • • • • • • • • • AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). rr I PREPARED BY: CITY OF TIGARV P6NNYX DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4111 FAX: 503-684-1291 EMAIL rstafrs smc name1@66gard.orms TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS:1Nww.c1.tlyard.Or.us H:lpattylmasters\Pre-App Notes Commercial.doc (Engineering section: preapp.eng) CITY OF TIGARD Pre-Application Conference Notes NON-Residential Application/Pianning Division Section Updated: 15-Dec-04 Page 8 of 8 *I 0 0 PRE-APPLICATION CONFERENCE NOTES ➢ ENGINEERING SECTION Q Colmrymun ty~ °~°"nt S(tapingA Better Community :9BLIC FACILITIES Tax Mapts): 1S135BO Tax Lods): 200 Use Type: Commercial The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be r no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Riaht-of-wav dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Greenburq Road to 52 feet from centerline (4/5 lane Arterial) r. ® SW Shadv Lane to 27 feet from centerline (Neighborhood Route/no bike lanes) f ❑ SW to feet ❑ SW to feet Street improvements: ® Half street improvements will be necessary along SW Shadv Lane, to include: 40 ® 16 feet of pavement from centerline 0 ® concrete curb 0 ® storm sewers and other underground utilities ® 5-foot concrete sidewalk with 5-foot planter strip i ® street trees sized and spaced per TDC & Washington Square standards ® street signs, traffic control devices, streetlights and a two-year streetlight fee. a • ❑ Other: 96tTY OF TIGARD Pre-Application Conference Notes engineering Department section 14 4-r -T Page 1 of 6 • ❑ street improvements will be necessary along SW , to include: • ❑ feet of pavement • ❑ concrete curb • ❑ storm sewers and other underground utilities • ❑ -foot concrete sidewalk • ❑ street trees • ' • ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. • ❑ Other: • • ❑ street improvements will be necessary along SW , to include: • ❑ feet of pavement • ❑ concrete curb • • ❑ storm sewers and other underground utilities • ❑ -foot concrete sidewalk • ❑ street trees • ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: • • • ❑ street improvements will be necessary along SW , to include: • ❑ feet of pavement • ❑ concrete curb ❑ storm sewers and other underground utilities • ❑ -foot concrete sidewalk • ❑ street trees • ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. • ❑ Other: • • • ❑ street improvements will be necessary along SW , to include: • ❑ feet of pavement • ❑ concrete curb • ❑ storm sewers and other underground utilities • ❑ -foot concrete sidewalk ❑ street trees • • ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. 4m► OF TIM Pre-Application conference Notes Page 2 of 6 Wglneering Department section • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ❑ Other: • • Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utilitv Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitarv Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Greenbura Road. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to connect to the public sewer. The car wash area must meet plumbing standards and may reauire an Oil/water separator prior to discharqinq to the sewer. Water Supply: The Tualatin Vallev Water District (Phone:(503) 642-1511) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: provides fire protection services within the City of Tigard. The information regarding the adequacy of circulation systems, the questions related to fire protection. Storm Sewer Improvements: Eric McMullen, (503) 612-7010] District should be contacted for need for fire hydrants, or other 4ITY OF TIMB Pre4PPlicadon Conference Notes page 3 of 6 Vglneering Department section • All proposed development in the City shall be designed suc t storm water runoff is conveyed to an approved public draire system. The applicant will be r wired to submit a proposed storm • drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure • that the proposed system will accommodate runoff from upstream properties when fully developed. • Detention is required if the net, new impervious surface area exceeds 5000 square feet. • • • Storm Water Qualitv: • The City has agreed to enforce Surface Water Management (SWM) regulations established by the • Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of • on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus • contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. • The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether • or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount. of new • impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. • Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: • Construction of an on-site water quality facility. • ® • ❑ Payment of the fee in-lieu. • • Water quality is required r • ~0r al ImferIll*wS 5(kr~Ce area ~ P~(l5~t'lg C h~w~ • Other Comments: Pe. r C ViS 3 - OS • All proposed sanitary sewer and storm drainage systems shall be designed such that City • maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. • • 1) Both driveways are within 150 feet of the Greenburg Road ROW. This does not meet the access • standards of 18.705.030.H.2. No driveway shall be allowed within the influence area of an Arterial. 2) An access management report will be required (18.705.030.H.1) providing the sight distance • certification for any driveway. 3) Washington Square standards apply. • OrRAFFIC IMPACT FEES • In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic • Impact Fee program collects fees from new development based on the development's projected • impact upon the City's transportation system. The applicant shall be required to pay a fee based upon • the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee • category. The TIF shall be calculated at the time of buildinq permit issuance. In limited • circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy • 46IIY OF nGM0 Pre-Application conference Notes Page 4 of 6 oglneering Department Sectlon • permit. Deferral of the pa~ent until occupancy is permissibl~Iy when the TIF is greater than $5,000.00. • • • Pay the TIF. • 4fERMITS • Public Facilitv Improvement (PFI) Permit: • Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering • Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or • subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for • review and approval. • The Engineering Department fee structure for this permit is considered a cost recovery system. A • deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases • where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for • any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI • permit application. This time will be considered part of the administration of the eventual PFI permit. • • The Permittee will also be required to post a performance bond, or other such suitable security. • Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public • improvement construction work. The PFI permit fee structure is as follows: • • NOTE: If an PFI Permit is required, the applicant must obtain that • permit prior to release of any permits from the Building Division. • • Buildina Division Permits: • The following is a brief overview of the type of permits issued by the Building Division. For a more • detailed explanation of these permits, please contact the Development Services Counter at • 503-639-4171, ext. 304. • Site Improvement Permit (SIT). This permit is generally issued for all new commercial, • industrial and multi-family projects. This permit will also be required for land partitions where lot • grading and private utility work is required. This permit covers all on-site preparation, grading • and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation • excavation material is not to be hauled from the site. • • Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. • • Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all • work necessary for building construction, including sub-trades (excludes grading, etc.). This 4tITV OF TIM Pr Plicadon Conference Notes Page 5 of 6 Wgtneedng Department section permit can not be Sed in a subdivision until the pu improvements are substantially complete and a myl py of the recorded plat has been Wmed by the applicant to the City. • For a land partition, the applicant must obtain an Engineering Permit, if required, and return a • mylar copy of the recorded plat to the City prior to issuance of this permit. • Other Permits. There are other special permits, such as mechanical, electrical and plumbing • that may also be required. Contact the Development Services Counter for more information. • • • 4GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS • All subdivision projects shall require a proposed grading plan prepared by the design engineer. The • engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as • well as lots that have natural slopes in excess of 20%. This information will be necessary in • determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each • homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall • include topographical contours and indicate the elevations of the corners of the lot. The builder shall • also indicate the proposed elevations at the four corners of the building. • • • • • • • 0-ment2 ~evised: September 2, 2003 • • • • • • • • • • • • • • PREPARED BY: ENGINEERING16EPARTMENT STAFF Phone: (5031639-4171 Fax: 15031624-0752 1.18-05 DATE 4 3M g- 5 •6 S 49ITY OF TIGARO Pre-Application Conference Notes page 6 of 6 dglneerlag Department Secdon ExMbft 'T D C C HIDOG~~JOOD _ ~ , L~¢- nI use application for property located at Design Group 9785 SW Shady Lane • Rainbow Park and Playground Company, the prospective lessee of the • property at 9785 SW Shady Lane, intends to apply for a Conditional Use Permit (CUP) to use a portion of the site for Outdoor Entertainment. Prior to applying to the City of Tigard for this CUP, they would like to discuss the proposal with the surrounding property owners and residents, and any other interested citizens. You are invited to attend an informational meeting on: • Thursday, September 29, 2005 at 7:00 P.M. Water Building Conference Room Tigard City Hall 13125 SW Hall Blvd., Tigard, Oregon 97224 Explanation • The property is identified as Tax Lot 1S135BD00200, which is shown on the attached location map. Rainbow Park and Playground Company intends to use the existing building for retail sales, and use a portion of the 0.44-acre • site for outdoor children's parties and special events. These events will feature the use of the Rainbow play systems set up on the site. The reason for the proposed application is that this type of outdoor entertainment use is only allowed as a conditional use in the Mixed Use Commercial (MUC) zone. Before submitting the CUP application to the City of Tigard, the applicants are required by the City to hold a neighborhood meeting in order to explain the proposal to interested citizens and solicit their comments. A preliminary site r design is enclosed. (Please note that this will be an informational meeting on ; • preliminary plans. These plans may be altered prior to the submittal of the application to the City.) If you have any questions, please come to the informational meeting, or contact me at the phone number, mailing address, e-mail address, or fax number listed below. • CONTACT: Ed Murphy, Comprehensive Planning Manager 20085 NW TANASBOURNE DR HILLSBORO OR 97124 LDC Design Group PH 503. 858. 4242 ADDRESS: 20085 NW Tanasbourne Drive Fx 503. 645. 5500 • Hillsboro, Oregon 97124 WWW.LDCDESIGN.COM PHONE NUMBER: 503.858.4242 i CORPORATE OFFICE FAX NUMBER: 503.645.5500 HILLSBORO, OREGON E-MAIL: murohve(d)ldcdesian.com TILLAMOOK, OREGON VANCOUVER, WASHINGTON BELLEVUE, WASHINGTON • COEUR D'ALENE, IDAHO ROCKLIN, CALIFORNIA CLERMONT, FLORIDA • CITY of TIGARD V^J J D 0 IT! xi- GEOGRAPHIC INFORMATION SYSTEM _ AREA NOTIRM (50W) RE_I S 135BD, 200_ UU513990700 15t3088009ro AVE 151309000900 13170SCro393 131708000700 131358000201 t7 108000 0 ROS.000iro 1su09901308 S1is800080 i3g0888119Y rn0i00 131308000700 ~J i5A0ro01900 15170ro0M90 D ° O °O O W {Ili I Q ~1 I FOR: Ed Murphy Property owner information is valid for 3 months from the date printed on this map. • N 0 100 200 300 400 Feel 1"= 267 feet City of Tigard Information on this map is for general location onty and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 6394171 http:1 vnvw.ci.tigard.or.us Plot date: Aug 17, 2005; C:\magic\MAGIC03.APR ;ommunity Development SHADY LN • • • • • • • • • • • 1S1358D-01400 1S135BD-00800 BAGAN JOHN P JR PEARSON DENNIS 10910 SW GREENBURG RD 15840 SE TONG RD TIGARD, OR 97223 CLACKAMAS, OR 97015 1S135BC-00202 1S13513C-00100 BELANICH ROGER M PHILLIPS PETROLEUM COMPANY 22020 17TH AVE SE #200 BY CONOCOPHILLIPS BOTHELL, WA 98021 ATTN: MARKETING PO BOX 1539 PASO ROBLES, CA 93447 1S135BC-00201 1S135BD-00100 BELANICH ROGER M PLAZA WEST LLC BY SOUTHLAND CORP BY NORRIS BEGGS & SIMPSON PO BOX 711 121 SW MORRISON ST STE 200 DALLAS, TX 75221 PORTLAND, OR 97204. 1 S135BD-01200 1 S135BD-01300 BURDICK-FORBES INVESTMENTS LLC SCHAEFER ROBERT M & SALLY J & BY DONALD C BURDICK MILLER GERALD V 434 RIDGEWAY RD BY SHILO INN-WASHINGTON SQUARE LAKE OSWEGO, OR 97034 11600 SW SHILO LN PORTLAND, OR 97225 1 S135BD-00900 1 S135BD-01100 DORR GEORGE/ANNA MARIE TRUSTEES SHADY LANE COMMERCIAL BUILDING DORR JOHN D & LIMITED PARTNERSHIP DORR PATRICK M 7720 SW WESTGATE 9925 SW 77TH PORTLAND, OR 97225 PORTLAND, OR 97223 1S135BD-00700 1S1358D-00300 HARING JACK SHADY LANE PROPERTIES LLC PO BOX 65387 ATTN: BENJAMIN SCHWARTZ MD . VANCOUVER, WA 98665 9735 SW SHADY LANE #100 TIGARD, OR 97223 1S135BD-00200 135BD-0100 HUGGINS DONALD L & MARLENE R TI D Y OF PO BOX 1503 131 HALL BLVD POLSON, MT 59860 ARD, OR 7223 1S135BB-00800 1S1358C-00300 LANPHERE PROPERTIES V LLC UNITED STATES BAKERY 12505 SW BROADWAY PO BOX 14769 BEAVERTON, OR 97005 PORTLAND, OR 97214 1S135BB-00700 1S135BA-03300 L PHE PROPERTIES V LLC UNIVERSUS 250, W BROADWAY BY STEVE ECOFF AVER OR 97005 442 GLENWOOD DR OXNARD, CA 93030 1S135BC-00900 1S135BC-00200 PAULSON LIMITED LIABILITY CO VERIZON NORTHWEST INC BY RICHARD G PAULSON SR PO BOX 152206 1511 NE 150TH AVE IRVING, TX 75015 PORTLAND, OR 97230 • • Nathan and Ann Murdock PO Box 231265 • Tigard, OR 97281 • • Sue Rorman • 11250 SW 82nd Avenue • Tigard, OR 97223 • • • Naomi Gallucci 11285 SW 78th Avenue • Tigard, OR 97223 • • • Michael Trigoboff 7072 SW Barbara Lane • Tigard, OR 97223 • • Brad Spring 7555 SW Spruce Street • Tigard, OR 97223 • • Alexander Craghead 12205 SW Hall Boulevard • Tigard, OR 97223-6210 • • • David Chapman 9840 SW Landau Place • Tigard, OR 97223 • • John Frewing 7110 SW Lola Lane • Tigard, OR 97223 • • CPO 46 • 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 • Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Mildren Design Group Attn: Gene Mildren 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 (i:\curpln\setup\labels\CIT East.doc) UPDATED: 2-Jun-05 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • NAME ADDRESS PHONE 71,2,ojej) lojrtx, ,_e, ~sl u 44- • • G~IC ~~G L 0 3G I~OD 9ENTWO §WRWYES Conditional Use Permit for property located at 9785 SW Shady Lane Rainbow Park and Playground Company, the prospective lessee of the property at 9785 SW Shady Lane, hosted a neighborhood meeting on September 29, 2005 to discuss its' application for a Conditional Use Permit (CUP) to use a portion of the site for Outdoor Entertainment. The invitation to the meeting went out to 30 nearby property owners and other interested citizens. Rainbow Park and Playground Company were represented by the owner, Stan Nored, and by Ed Murphy, planning consultant with LDC Design Group. Attending the meeting were Dr. Benjamin Schwartz, representing Shady Lane Properties, owners of the family clinic and emergency center, and Gloria Lewis, owner of the office building across Shady Lane from the subject site. Ms. Lewis was accompanied by a friend, Dale Ostlund. (See attached sign-in sheet). Mr. Nored and Mr. Murphy described the proposed use of the property, particularly the outdoor play area, and reviewed the preliminary site development plan. They shared the play structure catalogues with the attendees, and explained the nature and history of the business. They also explained the reason for the Conditional Use Permit application, and the review process. There were general questions about the site improvements, including the height of the play structures, the ground cover under them, fencing, landscaping, and off-street parking. The was discussion about on- street parking, and particularly the on-street parking along Shady Lane, south of the subject site, currently used by the employees of and visitors to the family clinic. There were also operational questions, such as hours of operation, typical time of the day and week when events would be held, age of children attending, and security and safety. None of the people attending the meeting objected to the use of the site for outdoor entertainment uses, or had any concerns about the site plan. They thought the site would be more colorful and attractive, would "clean up" the street, and would have less impact that previous uses of the site. They said they would not mind if additional lighting were added to the site, and were not concerned about noise. The meeting lasted about an hour, and was positive and productive. Minutes created by Ed Murphy, 9/30/05 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • November 15, 2005 Ed Murphy LDC Design Group 20085 NW Tanasbourne Drive Hillsboro, OR 97223 RE: Completeness Review- Rainbow Park and Playground Case File No. CUP2005-00002 Dear Mr. Murphy: QRBOO M The City has received your application for Conditional Use Approval (CUP2005-00002) to allow outdoor entertainment on the site of an existing building located at 9785 SW Shady Lane. 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: 1. Narrative. Your application included a narrative. However, the findings in your narrative are incomplete and should be revised; two examples follow: On page 3 you state that "the play area will be used for birthday parities and special events. The facilities will be available for use for a fee, at prescribed times." However, you will need to specifically quantify the outdoor entertainment aspect that is the subject of the CUP proposal. The success of the application will depend on how active the use of the outdoor facilities will be such that the primary use can be reasonably defined as "outdoor entertainment" and not "outdoor display", which is prohibited. On page 11 you state that the "proposed use is not subject to the Site Development Review Chapter of the code." However, the proposed development does not have a valid conditional use approval, but is instead a new conditional use, which is not exempt. You must provide findings for the relevant code provisions of the Site Development Review Chapter. As this conditional use application is a matter to be heard before the Hearings Officer, it is important that there be sufficient evidence in the record for staff to make positive findings. It is beyond our scope to assume facts. 2. Public Facilitv Items. Please provide the information required by our development review engineer, as shown on the attached sheet. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • Exhibit W a • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 3. Number of application copies. After the application has been found complete, please submit 10 FULL SETS of your revised application materials: plans, written documents, forms etc, along with three large size sets of plans, 6 reduced size plan sets, and one 8 '/2 x 11 inch set for our records. The resubmitted sets must include everything your initial application submittal contained: background material, preapp notes, application form, everything that you are relying on for your application package. Incomplete sets will not suffice and will cause further delays in staff's review. Should you have any questions with regard to these items, please contact me at 503-639-4171 ext 2434. Sincerely, Gary Pagenstecher Associate Planner c: CUP2005-00002 Land Use File is\curpln\gary\cup\cup2005-00002 rainbow park\cup2005-00002 incomplete.doc PUBLIC FACILITY PLAN Project: Rainbow Park & Plavqround • COMPLETENESS CHECKLIST Date: 11115105 • GRADING FEI I Existing and proposed contours shown. • I ❑ I Are there grading impacts on adjacent parcels? I ❑ I Adjacent parcel grades shown. I ❑ I Geotech study submitted? STREETISSUES r❑ I Right-of-way clearly shown. I Show existing ROW dimensions • I ❑ I Centerline of street(s) clearly shown. I ❑ I Street name(s) shown. ❑ I Existing/proposed curb or edge of pavement shown. I Show curb to curb dimensions I ❑ I Street profiles shown. • ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. • ❑ Traffic Impact and/or Access Report Address 18.705.030.H.2. Address 18.705.030.H.1 by providing preliminary sight distance certification ❑ I Street grades compliant? I ❑ I Street/ROW widths dimensioned and appropriate? I Show dimensions • ❑ Private Streets? Less than 6 lots and width appropriate? ❑ I Other: -SANITARY SEWER ISSUES • ❑ Existing/proposed lines shown. Show existing and proposed, including service lateral ❑ I Stubs to adjacent parcels required/shown? WATER ISSUES r❑ I Existing/proposed lines w/ sizes noted? I Show existing meter and size I ❑ I Existing/proposed fire hydrants shown? I Show nearest hydrant • ❑ I Proposed meter location and size shown? ❑ I Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES r❑ I Existing/proposed lines shown? I Show these • ❑ Preliminary sizing calcs for water quality/detention Must provide water quality treatment for all provided? impervious surface area, existing and proposed. ❑ I Water quality/detention facility shown on plans? I Show water quality facility I ❑ I Area for facility match requirements from calcs? • ❑ I Facility shown outside any wetland buffer? ❑ I Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE REVISED: 11/15/05 ` l-- ~ 5 O S r A^A ~ I. View of front of the building. 2. View of south side of the site showing parking area and medical clinic. r - 4~r _ 3. View of south side of the building, with Hwy. 217 in the bachground. Exhibit L This coca mentwas prepared for the purpose of marketing, illustrations, examples, preliminary studies or any combination thereof and in no manner is to be construed as an instrument of service or any other work product Parati Company and in affiliates (LDC Design Group of OR LDC Design Group of Parati of California, CTS Engineers, Meckel Engineering & Surveying, Florida Geodetic and Studio Parati Architects PC) assumes no liability for any use of this document. k .fit q*1 1 October 2005 0937.001 m x Q.D C~ Design Group aPbradm pay 8. View of trash disposal area behind building. Exhibit L This document was prepared for the purpose of marketing, illustrations, examples, preliminary studies or any combination thereofand in no manner is to be construed as an instrument of service or any other work product Parati Company and its affiliates (LDC Design Group of OR, LOG Design Group of WA, Paran of California, CTS Engineers, Meckel Engineering & Surveying, Florida Geodetic and Studio Paratn Architects PC) assumes no liability for anv use of this document. October 2005 0937.001 LDC~ Design Group aPommtompatry 6. View of front of site, lookingnorth along Shady Lane towards Greenburg. 5. View of canopy, looking north with Greenburg Road in the background. 7. View of businesses across Shady Lane. Exhibit M This document was prepared for the purpose ofmarketing, illustrations, examples, preliminary studies or any combination thereof and in no manner is to be construed as an instrument of service or any other work product. Parati Company and its affiliates (LDC Design Group of OR, LDC Design Group of WA, Parati of California, QS Engineers, Meckel Engineering & Surveying, Florida Geodetic and Studio Pavan Architects PQ assumes no liability for any use of this document. { October 2005 0937.001 F- x LDO a M Design Group a Poran-mpmq/ 0 Exhibit 'N' DISPOSAL COMPANY P.O. Bog 820 Sherwood, OR 97140 Phone: (503) 625-6177 Fag: (503) 625-6179 October 12, 2005 Ed Murphy Comprehensive Planning Manager LDC Design Group 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 Re: Stan Nored at 9875 SW Shady Lane This letter is in response to the request for Pride Disposal to service this location from the curb at 9875 SW Shady Lane in Tigard, Oregon. Pride Disposal will be able to service the garbage tote from the curb at this location. We do require that the garbage tote be placed at curbside no later than 6 am on pick up day. If you have any questions or concerns, feel free to contact us. Sincerely, Kristin Leichner Pride Disposal Co. (503) 625-6177 *124