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Hearings Officer Packet - 11/25/1996
EXHIN A "e F I ?CQMMUNITY NEWSPAPERS, INC. ir I1118 7996 P.C CITY OF TIGARO *City of Tigard 13125 SW Hall Blvd. •Tigard,Oregon 97223 I, BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 Legal Notice Advertising • ? Tearsheet Notice • ? Duplicate Affidavit *Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-Tiia 1 at; n Tjme' a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at_ Ti gard3 in the aforesaid county and state; that the CUP 96-0007 Starbnrl Coffee a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: November 14,1996 Subscribed and sworn for Oregon mbl Legal TT 86' Notice The following will be considered by the Tigard Hearings Officer on Mon- day, November 25, 1996, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: CONDITIONAL USE PERMIT (CUP) 96.0007 > STARBUCKS COFFEE < A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C-N (Neigh- borhood Commercial) zone. An approval would allow approximately 200 square feet of seating area within an existing store. LOCATION: 12700 S.W. North Dakota Street; WCTM 1S133AD, Tax Lot 16200. Southwest corner of the intersection of S.W. Scholls Ferry Road and S.W. North Dakota Street. ZONE: C-N (Neighborhood Commercial). The C-N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7,4.4, 7.6.1, 8.1.1, and 8.1.3. ?.,. C0?AP .024552 iSMAY16,1997 -7 ,_- 1 L SUBJECT «<-PARCEL r 1. '1 ~ I T sr- ;?. r ct i 09 ? I LC if TT867^ 8 - Publish November 14, 1996. AFFIDAVIT My Commission Expires: • _ J PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ? Qualified sign language interpreters for persons with speech or hearing impairments; and ? Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 11/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst • CITY OF TIGARD • HEARINGS OFFICER NOVEMBER 25, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ?STARBUCKS COFFEEQ CONDITIONAL USE PERMIT (CUP) 96-0007 CITY OF TIGARD Community (Development Shaping A Better Community The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C-N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial. ZONING DESIGNATION: C-N (Neighborhood Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING's OFFICER PAGE 2 OF 2 11/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst OPPONENT (Against the proposal) CITY OF TIGARD HEARINGS OFFICER SIGN-IN SHEET Community Development S(eaping A Better Community NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD TNEIR ADDRESS ON THIS SNEET...(Please PRINT Legibly] AGENDA ITEM #: 2.1 DATE OF HEARING: 11/25/96 Page -of FILE NAME(S): STARBUCKS COFFEE CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 96-0007 OWNER(S) PACIFIC CREST PARTNERS APPLICANT(S): STARBUCKS COFFEE COMPANY PROJECT LOCATION: 12700 SW NORTH DAKOTA STREET MAP(S) & TAX LOT(S) NO(S). WCTM 1 S1 33AD, TAX LOT 16200 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE ---------- -- PROPONENT (For the proposal) Wmn Name/AddreSSAID aAffiliation) U • ff'dnt Name/Addressft &Alliliation] Address: 18 7 S ?-w Murdclck Address. 22 lU7r :90c) '0 ?Iallcz ,,jd ?e f,"K-5 Address: t /D AIS A L0, 1 .2 7 -P? C_? Address: City: -7/ arc/ State: zip: U.203 City: State: Zip: h Apatty\masters\signinho. mst • C? BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Starbucks Coffee Company for a ) FINAL ORDER Conditional Use Permit to develop an "Eating and Drinking" ) CUP 96-0007 establishment in the C-N (Neighborhood Commercial) zone and ) (Starbucks Coffee) approval to exceed the operating hours by 1 hour and 10 ) minutes in the morning and 1 hour in the evening on Friday ) and Saturday nights. ) LOCATION: 12700 SW North Dakota Street; WCTM 1 S1 33AD, Tax Lot 16200 COMPREHENSIVE PLAN AND ZONING DESIGNATION: C-N (Neighborhood Commercial) APPLICANT: Starbucks Coffee Co 2203 Airport Way South Seattle, WA 98134 OWNER: Pacific Crest Partners 911 Oak Street Hood River, OR 97031 APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved 1. SUMMARY OF THE REQUEST The applicant requests approval of a conditional Use Permit to develop an "Eating and Drinking" establishment in the C-N (Neighborhood Commercial) zone. Approval would allow for seating area within an existing Starbucks Coffee shop. Starbucks now occupies 1,265 square feet in an existing neighborhood commercial center. The existing use is a Page 1 - Hearings Officer decision CUP 96-0007 (Starbucks Coffee) permitted use in the zone and is classified as "Food and Beverage Retail Sales." The staff interprets the "Food and Beverage Retail Sales" permitted uses to apply to uses primarily engaged in the retail sale of food and beverages for home consumption. Because the applicant seeks approval to allow on-site consumption of food and beverages, the staff interprets the Code to require a conditional use permit for an "Eating and Drinking" establishment, which allows on-site rather than take-home consumption of food and beverages. Starbucks Coffee Co., requests approximately 200 square feet of seating area within the existing store area and requests approval to be open one (1) hour and ten (10) minutes earlier in the morning and one (1) hour later on the Friday and Saturday evenings than allowed by the Code. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. are subject to the Code's Conditional Use provisions. Hearings Officer Deniece Won held a duly noticed public hearing regarding the application on November 25, 1996. City staff recommended conditional approval of the permit. The applicant accepted the staff report, recommendation and conditions. There was no testimony opposing the request. II. HEARING A. Hearing Hearings Officer Deniece Won received testimony at the public hearing about this application on November 25, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), and Exhibit B (Taped Proceedings). These exhibits are filed at the Tigard City Hall. B. Summary of Oral Testimony. 1. City Will D'Andrea testified for the City. He summarized the staff report and recommendation. City staff recommended approval of the permit with one condition. 2. Hearings Officer Won asked Will D'Andrea if the parking requirements for the "Eating and Drinking Establishment" applied to the entire space occupied by Starbucks (1,265 square feet) or to the portion of the use occupied by the proposed seating area (200 square feet). Hearings Officer Won also asked about a discrepancy between the staff report and the applicant's submittal (in Exhibit F) concerning the number of parking spaces required by the dry-cleaning and the Great Clips establishments in the shopping center. She also asked how the City would monitor parking spaces as the vacant part of the shopping center develops to assure that there will be adequate parking. 3. Will D'Andrea said that the staff interprets the Code to classify a use according to the primary use of the space and that the parking requirements are for the entire space Page 2 - Hearings Officer decision CUP 96-0007 (Starbucks Coffee) • • as so classified. The existing primarily takeout use for "Food and beverage Retail Sales" applies to the entire space occupied by Starbucks Coffee Co. The parking requirements for the existing use are based on total square footage plus the number of employees. The proposed "Eating and Drinking Establishment" use will apply to the entire space occupied by Starbucks Coffee Co. The proposed use's parking requirements are determined by the dining area plus the number of employees. Mr. D'Andrea said that the code requires a minimum of four (4) parking spaces each for the dry-cleaning establishment and Great Clips and the staff report is correct. Concerning monitoring the parking spaces, Mr. D'Andrea said that new development of the vacant space will require a building permit for improvements to the interior spaces. When the building permit is issued there is a review to assure the Code's parking requirements are met. If there is inadequate area on site for parking the Code contains provisions for shared parking at other locations. Alternatively, proof can be made that the parking standards are met if the uses in the shopping center have different operating hours. 3. Ed Murphy, Murphy and Associates, representing the applicant, said that the applicant generally supports the staff report and conditions. He said that the posted hours of Starbucks will be 6:00 a.m. to 10:00 p.m. but that they will open the doors ten minutes earlier. Therefore they request that the morning (a.m.) opening hours be permitted to be 5:50 a.m. He said that they plan to abide by the Code's requirement of closing at 10:00 and usually closing would be at 10:00 p.m., but that customers may sometimes remain in the store later than 10:00 p.m. Therefore, the applicant requests closing hours of 11:00 p.m. Concerning the number of parking spaces required for the dry cleaners and Great Clips, Mr. Murphy said that the applicant's submittal had been based on square footage, without accounting for the Code's minimum parking requirements. He agreed with Mr. D'Andrea that the Code requires four (4) parking spaces (rather than 3 and 2 respectively) for these uses. 4. David Peters, an abutting residential owner at 10648 SW 127th Ct., testified in favor of the Starbucks Conditional Use Permit request. He appeared to raise some zoning violation concerns he has about the shopping center and concerns about whether the parking provided by the shopping center will be adequate. The zoning code enforcement concerns he raised fell in three categories: garbage area maintenance, maintenance of required landscaping, and early morning noise created by equipment cleaning the parking lot. About the garbage area he said that lids on garbage containers are frequently left open causing an odor and pest nuisance. Mr. Peters said there is also a problem with food oil spills and infrequent cleanup of oils in the garbage area. He said Boston Market causes most of the problems. About landscaping Mr. Peters said the original landscaping installation did not meet the size requirements approved in the site plan. He also said that some required arborvitae has died and not been replaced. Mr. Peters said that he had also had a problem with lighting in the shopping center but that the landowner has addressed this problem. 5. Will D'Andrea responded to Mr. Peters' concerns. He said that the City doesn't enforce matters related to Mr. Peters' concern's about garbage. Those concerns should be addressed to the property owner, the offending lessees, the garbage hauler and/or the Page 3 - Hearings Officer decision CUP 96-0007 (Starbucks Coffee) • • county sanitarian. Concerning Landscaping, Tigard Development Code section 18.100.020 requires all landscaping to be maintained. Landscape maintenance is the joint and several responsibility of the owner, tenant and his/her agent (if any), unless the lease agreement provides otherwise. If Tigard receives a complaint that the landscape maintenance requirements are not being fulfilled the City will investigate the complaint and enforce the Code if it decides that is necessary. Concerning whether parking needs for future tenants of the vacant space within the parking center will be met, Mr. D'Andrea noted that the parking needs can be met by sharing parking in neighboring areas or by demonstrating that the parking demands of the shopping center's occupants are at different times of the day. He said that interior construction in the shopping center requires a building permit and that triggers review of compliance with the Code's parking standards. Tigard has a noise ordinance which the property owner and tenants must comply with. A City Code enforcement investigator could check on whether this ordinance is being violated. 6. Hearings Officer Won advised Mr. Peters to write a letter to Mr. D'Andrea setting out his planning and zoning-related concerns and that letter could form the basis for the City to begin a Code violation investigation and, if merited, some City zoning enforcement action. Il. FINDINGS The Hearings Officer adopts and incorporates in this order the findings of fact in Tigard Community Development Staff Report dated November 15, 1996 (the "Staff Report") including the summary, findings about the site and surroundings, applicable approval standards, agency comments and evaluation of the request, except to the extent expressly modified herein. IV. EVALUATION OF REQUEST The Hearings Officer, except as otherwise specifically amended herein, adopts the conclusions in the Staff Report. The hearings officer had initial concern about the adequacy of the parking for all the space in the shopping center. She concludes that approval of this use will have a positive affect the parking at the shopping center. Starbucks has four (4) employees. The existing use requires one (1) parking space per 200 square feet of gross floor area plus one space per every two employees for a total of eight (8) spaces. The proposed conditional use permit requirement requires one (1) parking space per 50 square feet of the establishment's dining area [200 / 50 = 41 plus one (1) space for every two (2) employees [4 / 2 = 21 for a total of six (6) parking spaces. Page 4 - Hearings Officer decision CUP 96-0007 (Starbucks Coffee) • VI. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed conditional use permit will comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws subject to the conditions of approval recommended in the November 15, 1996 Staff Report warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 96-0007 subject to the condition in the Staff Report. DATED this 3rd day of December, 1996 Deniece B. Won, Attorney At Law Hearings Officer Page 5 - Hearings Officer decision CUP 96-0007 (Starbucks Coffee) 9 • Agenda Item: 2.1 Hearing Date: November 25,1996 Time: 7:00 SECTION I: APPLICATION SUMMARY CASES: FILE NAME: STARBUCKS COFFEE Conditional Use Permit CUP 96-0007 PROPOSAL: The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C-N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. APPLICANT: Starbucks Coffee Co. 2203 Airport Way South Seattle, WA 98134 OWNER: Pacific Crest Partners 911 Oak Street Hood River, OR 97031 COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: Neighborhood Commercial. C-N (Neighborhood Commercial). 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 1 • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL' BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building division. SECTION III: BACKGROUND INFORMATION Site History A zone change was granted in 1979 from Washington County R 5-1 to City of Tigard C-P (Commercial Professional). A Conditional Use (CU 7-79/SDR 21-79) was approved to allow a veterinary clinic. Applications were filed in 1990 (CPA 90-0003 and CPA 90-0009) to change the zoning on the property to C-G (General Commercial) and then to C-N (Neighborhood Commercial). The applications were either denied or withdrawn. In 1994, a Site Development Review/Minor Land Partition (SDR 94-0014/MLP 94-0013) was approved to partition the site into three (3) parcels for the construction of a bank, veterinary clinic, and tenant spaces. In July of 1995, the Planning Commission and City Council denied an application for a Comprehensive Plan Amendment and Zone Change (CPA 95-0002/ZON 95-0003) to change parcel 3 of the partition from C-P (Commercial Professional) to C-G (General Commercial). In February of 1996, a Comprehensive Plan Amendment/Zone Change (CPA 95-0005/ZON 95-0007) was approved to change the zone from C-P (Commercial Professional) to C-N (Neighborhood Commercial) on parcels 1 and 3. This approval was essentially a zone exchange with a property across SW North Dakota Street. Vicinity Information: The subject site is located at the southwest corner of SW Scholls Ferry Road and SW North Dakota Street. Property to the south is zoned C-P (Professional Commercial), property to the west is zoned R-7 (Residential, 7 units per acre), property to the east is zoned C-P (Professional Commercial). The area is developed with a mix of residential and commercial uses. Site Information and Proposal Description: The 1.32 acre site is developed with a shopping plaza. The site has access to SW North Dakota Street. Starbucks currently has a coffee shop within the plaza. The applicant is requesting Conditional Use approval to allow an "Eating and Drinking Establishment" within the C-N (Neighborhood Commercial) zone. The Community Development Code defines an "Eating and Drinking Establishment" as a place of business primarily engaged in the sale of prepared food and beverages for on-premises consumption. The classification of "Food and Beverage Retail Sales" refers to establishments primarily engaged in the retail sale of food and beverages for home consumption. Section 18.60.030 and 18.60.040 classifies "Food and Beverage Retail Sales" as a permitted use, and "Eating and Drinking Establishments" as a Conditional Use in the C-N zone. The applicant is requesting Conditional Use approval to allow for the on-site consumption of STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 2 • • food and beverages. An approval would allow approximately 200 square feet of seating area within the existing store. The applicant is also requesting approval to open the store at 5:50 a.m. and to extend the evening hours of operation to 11:00 p.m. on Friday and Saturday evenings. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the Conditional Use provisions. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to add approximately 200 square feet of seating area within the existing coffee shop. This use is classified in Code Section 18.42 (Use Classifications) as an Eating and Drinking Establishment. Code Section 18.50.040 states that an Eating and Drinking Establishment is a Conditional Use in the C-N zone. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use. The property has been developed through a previous Site Development Review approval ( SDR 94-0014). The request for seating area within the existing store would not affect the existing developed nature of the site. The site provides adequate area 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. The proposed seating area will not affect the developed nature of the site. The request will not affect the functioning of the site. All required public facilities have adequate capacity to serve the proposal. Public facilities have been provided with the development of the site under the previous Site Development Review. The applicable requirements of the zoning district are met except as modified by this chapter. As discussed below, the request for seating will not affect the site's capability of meeting C-N zoning requirements. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Site Development Review standards have been satisfied through the previous Site Development Review approval. The subject request to allow seating area does not affect the development's compliance with Site Development Review approval criteria. The applicant will have to apply for and receive a sign permit for any proposed signage. This signage will have to comply with the applicable requirements of Chapter 18.114. STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 3 The applicant provided a traffic report for the 1994 Site Development Review and certain improvements were constructed with that approval. A traffic report was submitted with the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005/ZON 95-0007) approval. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C-G (General Commercial) uses. It was determined that the uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G zoning. The number of trips generated under the proposed C-N zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Chapter 18.120.070 (Major Modification to Approved Plans or Existing Development) states that where an increase in vehicular traffic to and from the site exceeds 20 vehicles per day, an applicant shall submit a new Site Development Review application. A new application would gives the City an opportunity examine any potential impacts caused by the change and the ability to require improvements if necessary. The zone change approval examined the potential impacts on the transportation system and findings were made that it would not be adversely impacted. Since the City has reviewed and accepted the 1995 traffic report, it becomes the report from which traffic generators and impacts are measured against. Starbucks has submitted an updated traffic report which shows that the current mix of tenants generates less trips than projected under the 1995 traffic report. Since the number of trips is less and Site Development Review standards are part of each Conditional Use, the Conditional Use application is complete. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Eating and Drinking Establishments: Section 18.130.150(C)(24) states that an eating and drinking establishment must meet the following additional dimensional requirements: Applicable Zone: Neighborhood Commercial. The subject property is zoned C-N (Neighborhood Commercial). The subject request does not affect the site's ability to satisfy the C-N zoning requirements. The 1,265 square foot Starbucks tenant space is less than the 4,000 square foot maximum permitted in the C-N zone. Minimum Lot Size: See applicable zone. The subject request does not affect the site's ability to satisfy the minimum 5,000 square foot, minimum lot size. The site contains approximately 1.32 acres. Minimum Setbacks: See applicable zone. The subject request does not involve a modification of the building which would affect the setbacks applicable to the property. It should be noted that the building in which Starbucks is located does not conform to the 20-foot, corner lot setback requirement of the C-N zone. The site was developed under the C-P zone which does not require a corner lot setback. Since the site was developed in accordance with the applicable development standards prior to the zone change, it is considered non-conforming. The non-conformity is unrelated to the subject request for Conditional Use. STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 4 Height Limitations: See applicable zone. The subject request does not involve a modification of the building which would increase the height of the building. The building height approved under the previous Site Development Review was 24 feet, well below the 35-foot height requirement in the C-N zone. Off-Street Parking and Loading Requirements: See Chapter 18.106. Section 18.106.020.1 states that where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off-street parking spaces is the sum of the requirements of the several uses, computed separately unless the peak hours of use do not overlap. The site is currently developed with a 3,840 square foot (s.f.) bank; 3,575 s.f. veterinary clinic; 2,805 s.f. Boston Market restaurant; 825 s.f. Great Clips barber shop; 1,210 s.f. dry cleaners; 1,265 s.f. Starbucks Coffee; and a 2,145 s.f. vacant tenant space. Section 18.42.020.C (Use Classifications) classifies these uses as Financial; Insurance and Real Estate Services; Animals Sales and Services: Veterinary Small Animals; Eating and Drinking Establishment; Convenience Sales; and Personal Services. Section 18.106.030.C.17 requires a minimum of one (1) parking space per 350 square feet of gross floor area for Financial, Insurance, and Real Estate Services. Section 18.106.030.C.6 requires a minimum of one (1) parking space per 300 square feet of gross floor area for a Veterinary clinic. Section 18.106.030.C.15 requires a minimum of one (1) parking space per 50 square feet of dining area plus one (1) space for every two (2) employees for Eating and Drinking Establishments. Section 18.106.030.C.14 requires a minimum of one (1) parking space per 400 square feet of gross floor area, but not less than four (4) per establishment for Convenience Sales and Personal Services. The required parking spaces for these uses are as follows: bank (11); veterinary clinic (12); dry cleaner (4); barber shop (4); Boston Market (21); and Starbucks (6). The total number of required spaces for these tenants is, therefore, 58 spaces. The site plan shows the provision of 62 spaces. The site has adequate parking to serve the needs of the current tenants. It should be noted that there remains 2,145 square feet of vacant tenant space. It appears the site does not have adequate parking to serve the remaining tenant space. As stated above, the total off-street parking spaces is the sum of the requirements of the various uses, computed separately unless the peak hours of use do not overlap. The applicant may have to provide a traffic study which demonstrates that there are overlapping peak hours. If peak hours do overlap, the number of parking spaces required for those users would not have to be provided simultaneously with the remaining required spaces. The apparent shortage applies only to the remaining tenant space and does not apply to the current application. Special Limitations on Uses in the C-N Zone: Section 18.60.045 states that the special limitations in the C-N zone are as follows: The use shall be conducted wholly within an enclosed structure; except as allowed in subsection 3 of this section. The proposed seating will be contained within an enclosed structure. No use shall have a gross floor area greater than 4,000 square feet. Starbucks occupies only 1,265 square feet, well under the maximum 4,000 square feet. STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 5 Accessory open air sales/display/storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment. The applicant is not proposing accessory open air sales/display or storage. Uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, Chapter 18.130. The applicant is requesting, through this Conditional Use application review, that Starbucks be allowed to open at 5:50 a.m. and remain open until 11:00 p.m. on Friday and Saturday evenings. The City has not received any objection to the extended hours. If neighborhood testimony reflects concern, the standard hours should not be changed. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on September 10, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Water Qualitx: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Policy 4.2.1 is satisfied as the applicant constructed an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied as compliance with utility provision were demonstrated with the construction of the site under the previous Site Development Review. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate fire protection is available to serve each new development. Tualatin Valley Fire and Rescue was provided with a copy of the previous development plan in compliance with Policy 7.6.1. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied as the applicant provided a traffic report for the previous Site Development Review and certain improvements were constructed with the approval. This policy was further satisfied through the Comprehensive Plan Amendment and Zone Change (CPA 95-0005/ZON 95-0007) approval in February of 1996. A traffic report was submitted with this application. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C-G (General Commercial) uses. It was determined that the uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G zoning, therefore, findings were made STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 6 • that satisfied this criteria. The number of trips generated under this zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development shall abut a dedicated street or have other adequate access; 2. Street right-of-way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development; 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and S. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. This policy is satisfied as the development abuts a dedicated street, there is adequate right- of-way as determined in the previous Site Development Review, and necessary improvements were constructed with the previous Site Development Review. PREPARED BY: William D'Andrea Associate Planner, AICP APPROVED BY is \cu rpln\wi II\cup96-07.dec Richard Bewersd Planning Manage November 15. 1996 DATE November 15. 1996 DATE STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 7 oil _ ? "-' Ry RO ?S16N RESIDENCES DAYCARE FACILITY O f?f i i i? i J i I' I• i -11 PROPOSED TENANT REQUESTS TO LOCATE IN EXISTING DEVELOPMENT SITE PLAN EXHIBIT MAP z O co D _Z +Z r a ..J O. D a 0 I- ll. O V CASE NO. CUP 96-0001 STARBUCKS COFFEE .'1; n? J ? o 0 ?CD ' al CR?1 ?j i I j i I I Cu I. I I i I O I I U' Vicinity Map NYe: AEp b ml to sob Q ? CUP 96-0007 STARBUCI(S COFFEE N 0 0 CONDITIONAL USE PERMIT APPLICATION TO ALLOW AN "EATING AND DRINKING ESTABLISHMENT" IN A COMMERCIAL - NEIGHBORHOOD ZONE SUBMITTED TO THE CITY OF TIGARD ON BEHALF OF THE APPLICANT STARBUCKS COFFEE COMPANY SEPTEMBER 16, 1996 ED MURPHY, AICP ED MURPHY & ASSOCIATES • • APPLICATION FOR A CONDITIONAL USE PERMIT APPLICANT: Starbucks Coffee Company REPRESENTED BY: Ed Murphy, AICP, Ed Murphy & Associates PROPERTY OWNER: Pacific Crest Partners REQUEST: An "eating and drinking establishment" within a Commercial- Neighborhood zone, with extended hours of operation. SUMMARY: Starbucks Coffee Company plans to make tenant improvements within an existing building for an "eating and drinking establishment", which requires a conditional use permit. The site is completely developed for commercial uses. No enlargement of the existing building, or any modifications to the parking lot, access and egress or any other existing site condition is proposed. Requested hours of operations are from 5:50 a.m. to 11:00 P.M. ADDRESS: 12700 SW North Dakota Street, Tigard, Oregon TAX MAPILOT: 1S1 33AD Tax Lot 16200 (Parcel 3 of MLP 94-0013) COMP. PLAN: Neighborhood Commercial ZONING: Neighborhood Commercial CIT AREA: West NEIGHBORHOOD MTG: Held on September 10, 1996. Two neighbors attended, plus three representatives of the new store. SW NORTH DAKOTA STARBUCKS -CONDONAL USE PERM[TAPPLICATION EXHIBITS: A. Vicinity map B. Site Plan C. Interior Floor Plan D. Elevation drawing E. Traffic Analysis F. Parking Analysis G. Letter sent to neighbors H. Text of signs posted at site I. Minutes of neighborhood meeting APPLICANT'S NARRATIVE STATEMENT: There are three key issues in this application: parking, traffic and hours of operation. These issues will be discussed first. The rest of the narrative will address other Tigard Development Code requirements for a conditional use permit within the Commercial - Neighborhood zone. TRAFFIC See Exhibit `E', a traffic analysis report, submitted by Mackenzie Engineering Inc. In summary, the report indicates that the number of trips generation from the current and proposed tenants is lower than the previously estimated trip generation rates used when the zone change and site development plan were initially approved. SW North Dakota Street and SW Scholls Ferry are already fully improved, and the access into the site meets city standards. PARKING Parking is adequate, and meets the Development Code requirements of Section 18.106. See Exhibit `F', parking analysis. The proposed eating and drinking establishment requires six parking spaces. the Development Code requires one (1) space for every two (2) employees, plus one (1) space for every fifty (50) square feet of dining area. Starbucks will have a maximum of four employees working at the store at one time, and the store has two hundred (200) square feet of floor space devoted to dining. Therefore, they require two (2) spaces for employees, and four (4) spaces for the dining area, or six (6) total parking spaces. ejffV9arbucks/CUPAPP/9/1296 2 • SW NORTH DAKOTA STARBUCKS - CONANAL USE PERIWT APPLICATION The tenant space is part of a commercial center, with parking shared among all the tenants. The total parking requirements of all the tenants, without counting the remaining vacant tenant space, equals fifty-five (55) spaces. The site contains sixty-one (61) spaces, leaving six (6) spaces for the remaining 2145 square feet of empty tenant space. At one space per four-hundred (400) square feet, that remaining tenant space would require six (6) spaces. HOURS OF OPERATION Starbucks normally opens at 5:50 a.m., and closes at 9:00 p.m., except on Fridays and Saturdays, when they stay open until 10:00 p.m. The Development Code (Section 18.60.045.4) restricts hours of operation to between 7:00 a.m. and 10:00 p.m., unless otherwise approved. The store opens at 5:50 a.m. to serve customers on their way to work (the posted time is 6:00 a.m., but they actually open the doors at 5:50 a.m.). The applicant therefore requests approval to extend the morning hours of operation to 5:50 a.m. Although the store closes at 10:00 p.m., which is within the timeframe established in the Development Code, there will sometimes be customers still in the store after 10:00 p.m. Therefore, the applicant requests approval to extend the evening hours of operation to 11:00 p.m., at least on Friday and Saturday evenings. The store faces away from the neighborhood, and there are no odors, bright lights, noise or other characteristics of this store that would negatively impact the neighbors at those hours. The potential of extended hours was discussed at the neighborhood meeting, and no one objected to them. GENERAL NARRATIVE The site is already developed as a commercial center, with all the building and site improvements completed. Therefore the zoning district dimensional and site improvement requirements have been met. There are no proposed changes to the building, and therefore no change of the setbacks or building height. There will be new identification signage on the building (see Exhibit `D'), which will comply with the City's signage regulations, Section 18.114. The parking lot is already improved, and meets the code requirements for number of spaces, handicapped parking, bicycle racks, minimum number of accesses, minimum access width, lighting and landscaping. cjnYsMtbucks/CUPAPP/9/1196 3 SW NORTH DAKOTA STARBUCKS -CONDONAL USE PERMIT APPLICATION The site already meets the walkway, loading area, clear vision, buffering and screening, landscaping and signage requirements. The applicant is not requesting a change to the 20' buffering area along the south boundary. The application does not affect sensitive lands. No existing trees need to be removed. There will be no impact to the drainage, sewer or water systems that was not already anticipated when these public facilities were constructed and the building was built. SPECIFIC CODE SECTIONS 18.106. Off-street parking and loading. As stated above, the proposed conditional use permit meets the Section 18.106 requirements. Adequate off-street parking and loading is already provided at the site. See Exhibit `F' for the parking analysis and Exhibit `C' for the floor plans of the tenant space. 18.116 Mix solid waste and recyclables storage. The proposed conditional use permit meets the Section 18.116 requirements. The site already contains a solid waste and recyclable materials area. (See attached site plan, Exhibit `B'). Starbucks recycles over 25% of their waste material, and makes their coffee grounds available to neighbors for their composting piles. One of the neighbors raised a concern at the neighborhood meeting about the waste disposal area, which does not involve the design or location of the facilities so much as their use. The employees sometimes leave the lids of the trash containers open, and spill grease on the ground. The applicant will work with the other tenants and the building owner to correct this situation. 18.120 Site development review. The proposed conditional use permit meets the Section 18.120 requirements. The site is already fully developed. The City approved the site development plan in August of 1994 (SDR 94-0014). The site was improved according to the site plan, and the City granted the occupancy permits for the bank, veterinarian clinic, Boston Market and other tenants. No modifications to the approved plans or existing development is proposed as part of this application. Exhibit `D' illustrates the elevation drawing for the front of the building and the signage proposed, in accordance with 18.120.160. ejm/smrbucks/CUPAPP/9/1296 4 • SW NORTH DAKOTA STARBUCKS -CONIRNAL USE PERM[TAPPLICATION The site already meets the walkway, loading area, clear vision, buffering and screening, landscaping and signage requirements. The applicant is not requesting a change to the 20' buffering area along the south boundary. The application does not affect sensitive lands. No existing trees need to be removed. There will be no impact to the drainage, sewer or water systems that was not already anticipated when these public facilities were constructed and the building was built. SPECIFIC CODE SECTIONS 18.106. Off-street parking and loading. As stated above, the proposed conditional use permit meets the Section 18.106 requirements. Adequate off-street parking and loading is already provided at the site. See Exhibit `F' for the parking analysis and Exhibit `C' for the floor plans of the tenant space. 18.116 Mix solid waste and recyclables storage. The proposed conditional use permit meets the Section 18.116 requirements. The site already contains a solid waste and recyclable materials area. (See attached site plan, Exhibit `B'). Starbucks recycles over 25% of their waste material, and makes their coffee grounds available to neighbors for their composting piles. One of the neighbors raised a concern at the neighborhood meeting about the waste disposal area, which does not involve the design or location of the facilities so much as their use. The employees sometimes leave the lids of the trash containers open, and spill grease on the ground. The applicant will work with the other tenants and the building owner to correct this situation. 18.120 Site development review. The proposed conditional use permit meets the Section 18.120 requirements. The site is already fully developed. The City approved the site development plan in August of 1994 (SDR 94-0014). The site was improved according to the site plan, and the City granted the occupancy permits for the bank, veterinarian clinic, Boston Market and other tenants. No modifications to the approved plans or existing development is proposed as part of this application. Exhibit `D' illustrates the elevation drawing for the front of the building and the signage proposed, in accordance with 18.120.160. ejrn/9aibucks/CUPAPP/9/1 M6 4 • SW NORTH DAKOTA STARBUCKS -CONDIONAL USE PERMIT APPLICATION 18.130. Conditional Use- Permit. 1. Section 18.130.020. Administration and Approval Process. The proposed conditional use permit meets the Section 18.130.020 requirements. The applicant is the proposed tenant, Starbucks Coffee Company. The owner has also signed an application form, verifying that he is aware of the application. The applicant's representative, Ed Murphy, and city staff held a preapplication conference on August 13, 1996. Further, the applicant mailed notices to all property owners within 250' of the proposed store and posted two signs at the site over two weeks prior to the September 10, 1996 neighborhood meeting. 2. Section 18.130.030. Expiration of Approval: Standards for Extension of Time. Section 18.130.030 is not applicable, as no extension of time is proposed. 3. Section 18.130.035 Phased Development of Existing Development. Section 18.130.035 is not applicable, as no phasing is proposed. 4. Section 18.130.040 Approval Standards and Conditions. . The proposed conditional use meets approval criteria requirements of Section 18.130.040, which are as follows: a. The site size and dimensions provide adequate area for the needs of the proposed use. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography and natural features. C. All required public facilities have adequate capacity to serve this proposal. d. The applicable requirements of the zoning district (Commercial - Neighborhood) are met. e. The supplementary requirements set forth in Chapter 18.114, "Signs" are met. The supplementary requirements set forth in Section 18.120.180, "Approval Standards", are not applicable. f. The use will comply with the applicable policies of the Comprehensive Plan. 5. Section 18.130.050 -- 060 Major and Minor Modification to Approved Plans or Existing Development. Sections 18.130.050 and 18.130.060 are not applicable, as no modifications to approved plans or existing development are proposed. ejm/sWtbucks/C1JPAPP/9/12196 5 SW NORTH DAKOTA STARBUCKS -CONDIRNAL USE PERMIT APPLICATION 6. Section 18.130.070 Application Submission Requirements. The proposed conditional use permit meets the Section 18.130.070 requirements. The application is on the form provided by the Director, and is accompanied by a site plan, the names and addresses of all who are property owners within 250' of the site, and the required fee. 7. Section 18.130.080 Site Conditions The code sections concerning site conditions analysis (18.130.080), the site plan (18.130.090), the grading plan (18.130.100), architectural drawings (18.130.110), and the landscape plan (18.130.120) are not applicable. The site plan was already approved as SDR 94-0014. 8. 18.130.150 Standard Dimensional Requirements for Conditional Use Types. The proposed conditional use permit meets the Section 18.130.150 requirements. The conditional use proposal complies with it is located (Commercial - Neighborhood). from those standards. the standards of the zoning district in which The applicant is not requesting a variance Eating and drinking establishments are listed as item #24 of Section 18.130.150.C. No special requirements are mentioned, beyond just meeting the requirements of the underlying zoning district and the off-street parking and loading chapter of the Code, Chapter 18.106. 9. Chapter 18.60 Neighborhood Commercial District requirements Section 18.60.045 Special limitations on use. The proposed conditional use permit meets the Section 18.60.045 requirements. a. The use will be conducted wholly within an enclosed structure; b. The gross floor area is less than 4000 square feet; C. No accessory open air sales/display/storage is proposed; d. The use proposes operating before 7:00 a.m. and after 10:00 p.m., if permitted. The applicant requests hours of operation from 5:50 a.m. until 11:00 p.m., with the extended evening hours only on Friday and Saturday evenings. Section 18.60.050 Dimensional Requirements. Sections 18.60.050 is not applicable, as the building is already constructed, and met these dimensional requirements when it was built. 10. Other The applicant paid the required traffic impact fee. ejm/staibucks/CUPAPP/9/12196 6 ?0 V °° tD q6 S s N ° r 1?l v G r f ?vd4 , ` oil tD J ?)o A D O 3 129.21 10 r 4 29 ° 01 N W t/J?` - - Wa?? A 8:570 ° eti JJ 0 f W m u N CD L d a 0 _0 ° « s' 6 q loo 8 m cn ?ti? DRIVE # w p ca3jOp S J ?eat <<' osp 60 ? O 3J ° N13o°2.3s`?? a •\n? t.6 W ?[ er leer tLer LBr LL osrc ov off' /C7 _ ?+ tZZ` A +' E o n m 0 W W W e N N N ICn =•-??I V O u W © p? - N V 04 ?''' 4 N O o aav / . O° u 8 u 8 0 ° O O O p_ 8 N pr ° o O m O = 01 _ O 1= ?? OS o8 ° 8u 4' + ON130 01 b N d © N N O- s.?5 /1 14 ^?? 3paG t?55"F 6.83 N N v IM -4 433j [• 3YS9 y0ti0loz N d / a? O u? _ .C d N A i ?/,k ON ?i (D can . 8.60 s6e r ' ? W N_9 °-=oc /° u? 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LAO • GxH?ts?T ??, EX#41 ISIT MACKENZIE ENGINEERING INCORPORATED CIVIL • STRuC;TURAL • SURVEYING • TRANS'ORTATION 0690 S W. BANCROFT STRECT • PO 80X69059 PORTL ANO. OREGON 97201 0039 • Mli 224-?560 • FAX ;?O3; 226.1281" September 12, 1996 Ed Murphy & Associates Attention: Ed Murphy 9875 SW Murdoc Street Tigard, Oregon 97224 Re: Starbucks Coffee - Trip Generation ME1 Project Number 196357 Dear Mr. Murphy: !Mackenzie Engineering Incorporated (MEI) has reviewed currently projected trip generation at the Starbucks coffee shop on N. Dakota Street for comparison with trip generation in ME]'s previous analysis. A summary of trip generation findings is listed in the enclosed table. A traffic analysis was prepared by MEI for this site in July 1994 which estimated 211 trips during the PM peak hour. It was anticipated that 80% of these would be new trips. An intersection capacity analysis was later prepared for a zone change application in June 1995. In this analysis, a worst-case scenario for the existing C-P zoning was compared to the proposed C-G zoning. The worst-case scenario assumed trip generation of a veterinary clinic, bank-, convenience market and Motor Vehicles Department. At worst case, 400 total taps would be generated. Under the proposed C-G zoning, the Motor Vehicles Department would be replaced by a video store. This change would result in 362 total trips. Existing traffic counts were conducted during the peak hours of 4:00 to 6:00 p.m. at the center on Thursday, September 5, 1996. This count indicates that 188 peak hour trips are currently generated with the five tenants. The PM peak hour is between 4:30 and 5:30 pm. The current tenants include a 2970 s.f. Boston Market, 3840 s.f Key Bank, 825 s.f. Great Clips, 3575 s.f. Veterinary Office, and 1210 st Dry Cleaners. The 1265 s.f. Starbucks coffee shop is projected to generate 53 trips in the PM peak hour. With the addition of these trips and 56 trips for the vacant 2145 s.f., the center would be generating a total of 297 peak hour trips. This trip generation is lower than the projected generation which was approved under the previous zoning. If you have any questions please feel free to call me or Dave Larson. Sincerely, G 4r C7 d # 10505 '' '7. Brent Ahrend Traffic Project Manager EAH: BA/kc .¢a Y 13. ,® ae' Attachment LS c: Dennis Woods - Mack-enzie/Saito & Associates ?XsA Iz ?` I 6 F:\WPDATA\-?\96357112L1.KC cent Ojl: iJiAGnCiJZl_ )G?[ctl1 ctl?; c: ?o ?tlri i; JetFax 4108J r 34Z d; j 4 MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL 0 TRANSPORTATION 0690 S.W. BANCROFr STREET • P. O. BOX 69039 PORTLANA OREGON 972014039 * (503) 224-9560 & FAX (503) 22&1285 MEI Project Number 196357 PM Peak Hour Trip Generation Comparison Total Trips New Trips Total Enter Exit Total Enter Exit Estimated (C-P) 211 93 118 167 72 95 Estimated (C-P) worst case 400 198 202 320 158 162 Estimated (C-G) 362 179 183 290 143 146 Existing 188 97 91 150 78 73 Projected 297 153 144 238 122 115 F:\W PDATAW6-09\9635'7Q2Ll . KC 9 • EXHIBIT 'F' PARKING ANALYSIS Parkinq requirements, commercial center on SW Scholls Ferry and SW North Dakota A B C D E F 1 Tenant ; Sq. footage # of employees ... . . Sq. footage, dining Parking ratio Total required ................. 2 Bank 3840 N/A N/A 1/350 11 3 Vets ............ . . ............. ... 3575 ............... ........... ........... N/A .. ... .. : N/A . : 1/300 ......................... < 12 ... .. ..... ................... ................ .. . .. ....... ..................................... ........ ..... ... ........................................ 4 Dry cleaning ........:. ....... . 1210 N/A..__.._..... ........ .......N/.A...--_.... 1/500........... 3................. 5 Great CIiPs ............... ......_......82 5 . . .. .... N/A ......_. . i. . _ .. . N/A . . .-- - .. .... 1/400 2 . . .. . . . . .. __... _. . . .. . .. . . -- . - . 6 Boston Market ......................................... 2970...... ... .. 1...... --_.......0 .................. :..................800................_; ..1:2 emps +1 /50..._ .... 2.1 ..................... 7 Starbucks ..............'... ............. 1 26.5... ........ .. 4 ............._............ . ... .. 200 ............................................... 1:2 emps +1 /50.... -- ...... ................6.................... . ... .. . .. . .... . . 8 Vacant ......... .............. ...... ... 2145 ....................... .......... N/A .......... .......... ............... N/A ...... .............. ...... ...............__: 1/400 ....... .................... ............... .. 6 ......................................... 9 TOTAL 15830 61 ejm/starbucks/CUPapp/parking/September 12, 1996 *MEETING NOTICE • , EXHIBIT `G' TUESDAY, SEPTEMBER 10, 1996 7:00 PM GODFATHER'S PIZZA, GREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARD, OREGON August 23, 1996 Dear Neighbor: Starbucks Coffee Company would like to invite you to the meeting noted above to discuss a Conditional Use permit for their proposed new store, located in the commercial building at the southwest corner of Scholls Ferry Road and North Dakota Street, right next to Boston Market. Let me explain the situation and proposal. The Starbucks Coffee Company store, as proposed, would include tables and chairs so people can sit and enjoy their coffee and food right there. In the Tigard Development Code, it would therefore be classified as an "eating and drinking establishment" - which is only allowed as a "conditional use" within the Neighborhood Commercial zone. A conditional use permit must be reviewed and approved by the City's Hearings Officer, after a public hearing on the matter. (You will be notified of the public hearing itself by the City over the course of the next few weeks). Prior to submitting the conditional use permit application to the City of Tigard, the applicant is asked by the City to hold a neighborhood meeting to explain the proposal to interested citizens. This neighborhood meeting is being held to solicit your comments and questions about the application. They are hopeful, of course, that you are thrilled to have a Starbucks Coffee Company store coming to your area. They are excited about this location, and anxious to become a vital part of your neighborhood. If you have any questions or comments, please come to the informational meeting, or just call me at the phone number listed below. Ed Murphy, AICP 624-4625 phone 968-1674 fax • • EXHIBIT `H' MEETING NOTICE STARBUCKS COFFEE COMPANY IS APPLYING FOR A CONDITIONAL USE PERMIT ON THIS PROPERTY IN ORDER TO ALLOW AN "EATING AND DRINI(ING ESTABLISHMENT" TO BE LOCATED WITHIN A NEIGHBORHOOD COMMERCIAL ZONE. Prior to applying to the City of Tigard for the permit, the applicant would like to discuss the proposal in more detail with the surrounding property owners and residents, and any other interested citizens. You are invited to attend an informational meeting on: TUESDAY, SEPTEMBER 10, 1996 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: STARBUCKS COFFEE CO. CONTACT: Ed Murphy, Planning Consultant PHONE NUMBER: 624-4625 ?J 0 EXHIBIT `I' NEIGHBORHOOD MEETING MINUTES A neighborhood meeting was held at Godfather's Pizza on September 10, 1996 from 7:00 - 9:00 p.m. The following people attended: David Peters Nancy Powell Cynthia Baclon C.Yosea Scott Bradley Ed Murphy 10648 S.W. 127th Ct., Tigard 13580 SW Ashbury Lane, Tigard 3116 SE 7th, Portland 2629 SE 69th, Portland 2010 SE 158th, Portland 9875 SW Murdock St., Tigard Cynthia Baclon, C.Yosea and Scott Bradley all represented the new Starbucks store. David Peters and Nancy Powell are neighbors. Nancy said she is very supportive of the new store. She expressed no concerns about either the store or the site. David said he was also supportive of the store, and expressed no concerns about Starbucks becoming a tenant. However, he expressed concern about the rest of the site and other tenants. In summary, his concerns were as follows: • the lights on the Key Bank building are too bright, and illuminate the inside of his home next door; • the plastic lids on the dumpster are sometimes left open, attracting bees and flies, and producing odors; • grease is sometimes spilled onto the concrete in the wastelrecycling area, and not cleaned up, producing an odor; • dogs from the veterinary clinic are often walked over to the shrub and barkdust area behind the bank, next to his home, where they "do their duty", causing an odor and fly problem; • the temporary balloon on the Boston Market roof creates a visual nuisance; • some of the landscaping is dying for lack of water, due to broken sprinkler heads. David said he called the health department about the garbage container lids and grease, and spoke to the manager of Boston Market, but nothing had been done. He suggested that a low fence would help keep the dogs out of the barkdust area, and direct their owners to the side and rear of the building. The representatives from Starbucks Company explained that they recycle at least 20% of their waste, and expressed concern over the careless manner in which the dumpster and grease barrel were being used. They offered to speak with the Boston Market manager, and look into ways to improve that situation, working with Miller Sanitation and the other tenants. Ed Murphy said he would look into the situation with the lighting on the bank building, and the balloon on the roof above Boston Market. He also said he would apprise the property owner, Dan Boyden, of the problem with the sprinklers, the dogs and the bank lighting. The representatives of the Starbucks Coffee store explained their normal hours of operation. They said they open at 5:50 a.m., and close at 9:00 p.m. On Saturdays and Sundays they stay open until 10:00 p.m. Ed explained the code requirements on hours of operation, and said that he would request extended hours as part of the Conditional Use permit application. The meeting was adjourned at 8:00 p.m. i CITY OF TiGARID, OREGON CONDITIONAL USE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 G4 r4AV-Pky (D ZL?- L14 2 S C jg? q(,8- X 74 CF) 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION a7oo sw 10aRTN t1mKGTl4 ,Q?r?a s?sckah. F, N- t)akofiQ? TAR MAP AND TAX LOT NO. IS J 33 Ab -0 Tax Lat 1 & tea ( RM%1souSfy POfCei ??3rr 0P NI P ?q- coil SITE SIZE ((0806 Sq.tT. (Panel 3-3 PROPERTY OWNER/DEED HOLDER* t%c ? c Cv%+ f arfoe o-g ADDRESS 9u 04J( Sfrt f PHONE S41-39(6- 633'3 CITY Mood 1Z1 dtv . Ouk 67031 . Z APPLICANT* ADDRESS Z2a; /4 i r?a /'? U1 ?Y Sr of A PHONE (;?C;6) l/l/7 - 15-75 CITY $eqi-flQ , WA ZIP 9EIVI *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request conditional use approval to allow 1 art 0"J Cf r,K 1GOIJ ?S tC ??S ?M?M 1 I-) ire was 1te o -c Lo r .0 Mae lyse,- CASE NO. FOR STAFF USE ONLY OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: Application elements submitted: (A) Application form (1) d_10- (B) Owner's signature/written, authorization (C) Title transfer instrument (to ]TI (D) Assessor's map (1) (E) Site plan (pre-app.checklisf (F) Applicant's statement (pre-app. checklist) A(G) List of property owners and addresses within 250 feet (1) (H) Filing fee (?? b15? DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: N.P.O. Number: Hearings Officer Approval Date: Final Approval Date: • Planning Engineering 0736P/23P Revd: 3/88 3. List any variance, sensitive lauds permit, or other land use actions to be considered as part of this applicatiou: 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APP'LICAN'T(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exere:se the rights granted in accordance with the terns and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. 11 DATED this day of J `P.p7 2ir? I Q2 19'16:2 SIONATURES of each owner (eg• husband and wife) of the subject property. (KSL:pm/0736P) SEP- 1 0- i?6 TUE 03: 0 F rt WARD ? DANA MUPPH'i' '2'68 1674 <. 1..ist an.y variance, sensitive lands permit, or other land vsc actioas to be considered as part of this application: . ?.- 4. Applicants: To have a complete application you will need to submit attachments described is the attached iafolrmatioa sheet at the ticue S•ou submit this application. 5. THE APPLICANT(S) SBALL CERTIFY THAT: A. Tile o.bove re nest does not violate any dead restrictic)U that may be attached to or impoe6d upon the subject property. •~? B. If the application is granted, the applicant will e?:ezcise the 'righta granted ip accordance with the terms an6 subject to all the Conditions and limitations of the approval. C. All of the above statemento and the statements in the plot plan, attachments, and exhibits transmitted herewith, aru true; and the applicants so acknowledge that any permit issued, based on this application, say be revoked if it is found that any such statements are false. P.O?5 D. The applicant has goad tho entire contents of the app).J•i.ation, includlog the policies and criteria, and under6tands the requireiients for approving or denyiaa the applieatiefl. DATgb this 11::1 day of STC21A'iUS S of osch owner (eg. husband and wife) of the subject pt•o}-erty• (KSL:pm/0736P)