Hearings Officer Packet - 05/24/2010
City of Tigard
Hearings Officer - Agenda
MEETING DATE: May 24, 2010, 7:00 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
STAFF REPORTS: Available to the public 7 days prior to the hearing date
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 call503-639-4171, ext. 2438 (voice) or 503-684-2772 (IDD -
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 umportant 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.
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 REVOCATION AND VOIDANCE OF TIGARD TRIANGLE POINTE SIGN PERMITS
MISCELLANEOUS (MIS) 2010-00001
PROPOSAL: The 0ty ppropposes to revoke and make void the subject sign permits (SGN2009-00161,
SGN2009-00162, & SGN2009_00163) issued on July 7, 2009 for the Triangle Point Building. Additionally,
the City proposes to ensure any signs erected at the subject site are in compliance with the community
development code.
LOCATION: The Triangle Pointe Building is located at 13333 SW 68"' Parkway, Tigard, OR 97223;
Washington County Tax Assessor's Map No. 2S101DA, Tax Lot 00104.
ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the
land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy.
, hway2f7 and I-5. This zoning district permits a wide range of uses includiri ma or retail goods and
99W FE
services, business/professional offices, civic uses and housing; the latter includes multi -ai~yhousing at a
maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses including but
not limited to community recreation facilities, religious institutions, medical centers, schools, ut1ties and
transit-related park and-ride lots, are permitted conditionally. Although it is recognized that the automobile
will accommodate the vast majonty of trips to and within the Triangle it is still important to (1) support
alternative modes of transportation to the greatest extent possible; (2) encourage a mix of uses to facilitate
intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the
City through the legislative process.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.210,18.230, 18.390,
18.520, 18.620 and 18.780.
3. OTHER BUSINESS
4. ADJOURNMENT
HEARINGS OFFICER AGENDA - MAY 24, 2010
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov I Page 1 of 1
PRE APP. HELD BY
t
CITY OF TIGARD PLANNING DIVISION
LAND USE PERMIT APPLICATION
City of Tigard Penrat Center- 13125 S W Hall Bluff, Tigarr OR 97223
Phore 503.639.4171 Fax: 503.598.1960
File Other Case N
Date By Receipt A Fee Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
i
❑ Ad)ustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Development Code Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II) PBf~n; IltGorlSilz~,lFon
❑ Home Occupation (II) ❑ Subdivision (II or III)
LOCATION WFIERE PROPOSED ACTIVITY WW LL OCCUR (Address available)
X33 3 43 7 4lW OR ~-7 S
TAX MAPS & TAX LOT NOS.
a 910 ,4 oar Y
TAL SITE SIZE
l / q ZONING CLASSIFICATION
APPI.ICArn
MAILIN,.ADDRESS S /ZI.
131~s' s G~~~ ~1~~1 1 ~~t 3
PHONE NO. FAX.
PRIMARY CONTACT PERSON PHONE NO..
PROPERr ' OWNER/DEED HO ER Attac t more an one
,_a con 4evpi~o w,eWr f
MAILING ADDRESS/CITY/ ~
STA /ZIP PO 9G jQ St s i~ X00 f14&%0/ g 7a 3 z
PHONE NO. FAX NO.
When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
or submit a written authorization with this application.
PROPOSAL SUMMARY (Please be specific)
e cons; C&46M Ole v( s ~ ,1 &)K
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
is\curplrl\masters \land use applications\land use permit app.doc
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THE APPLICANT SHALL CERTIFY THAT:
s If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is
found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands
the requirements for approving or denying the application(s).
Date
ay~ T Gl 3000 l
i4m- -4 ~
b re Date
Date
Date
Date
Applicant/,Agent/ ep ntative's Sign / Da
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Applicant/Agent/Representative's Signature Date
Proposal Summary
Through this application, the City is proposing the reconsideration of three wall sign permits
(SGN2009-00161, 00162, & 00163) issued on July 7, 2009. These permits authorized three
separate wall signs on the Triangle Point Building, located at 13333 SW 68th Parkway,
naming Deacon Development Group as the permit holder. The City is requesting a
reconsideration of these permits as they were issued in error and authorize wall signs of a
size contrary to the provisions of the Tigard Development Code (TDC).
The error was brought to light when the City received a complaint about the south wall sign
on the Triangle Point Building, advertising a large hamburger for the McDonald's restaurant
chain. Upon investigation of this complaint, the City reviewed its permits and determined
that they had been issued contrary to the provisions of the TDC, approving signs
approximately four times the maximum size allowed.
The initial complaint was received on November 6, 2009. Since then the City has attempted
to work with Deacon Development to gain voluntary compliance or enter into a compliance
agreement to replace the non-complying signs with smaller, compliant signage. When such
attempts failed, the City began revocation proceedings. However, the permit holder,
through its attorney, challenged the City's right and ability to proceed on two points, by (1)
challenging the City's claim that an error has been made, and (2) asserting that the City's
proposed revocation process is arbitrary.
As a result of these claims, and in consultation with the City's Attorney, the City is
proposing a formal process to reconsider the validity of the three permits in question. Please
review the subject sign permits for consistency with the applicable provision of the Sign
Chapter under the process recommended by the City Attorney, including the following
actions:
1. The revocation of the three sign permits pursuant to TDC 18.230.060, and a
simultaneous action to "void" them pursuant to TDC 18.210.070(B);
2. The consolidation of these two actions into a single proceeding pursuant to
TDC18.390.080(D)(2); and
3. Undertaking the proceedings as a Type III procedure before the hearings officer,
with appeal rights to the City Council, as outlined in TDC 18.390.050.
Pre application notes for City of 'Tigard
Reconsideration of Sign Permits: SGN2009-00161, SGN2009-00162, & SGN2009-00163
March 5, 2010
STAFF PRESENT: Gary Pagenstecher, John Floyd
APPLICANT: City of Tigard
AGENT: John Floyd
PROPERTY OWNER & SIGN PERMIT HOLDER: Deacon Development Group, 901 NE
Ghsan Street, Suite 100, Portland, OR 97232
PROPERTY LOCATION: 13333 SW 68`" Parkway, Tigard, OR 97223
TAX MAP/ LOT #'s: 2S101DA00104
PROPOSAL DESCRIPTION: On July 7, 2009 the City issued three wall sign permits
(SGN2009-00161, SGN2009-00162, & SGN2009-00163). On November 6, 2009, the City
received a complaint about the wall sign located on the south side of the Triangle Pointe
Building which advertised "McDonalds". Based on this complaint, the City reviewed its
permits and determined that they had been issued in error, approving signs approximately four
times the size that could be allowed under the Tigard Development Code (TDC).
Over the past several months, the City worked with Deacon Development, the permit holder,
to gain compliance or enter a compliance agreement to replace the subject signs with smaller
ones that meet the applicable standards. However, Deacon, through their attorney, challenged
the City's assertion that an error had been made and that the process the City proposed to
resolve the matter was arbitrary. Therefore, in consultation with the City's attorney, the City
proposes a formal process to reconsider the validity of the subject permits, and to ensure any
signs are in compliance with the development code.
COMP PLAN DESIGNATIONS: Mixed Use Employment
I
ZONING: MUE
DECISION TYPE: Type III-HO, with a hearing before the Hearings Officer and appeal of
the Hearings Officer's decision to City Council, if appealed.
APPLICATION SUBMITTAL INFORMATION
a. Include the information requested on the application form; (See enclosed application form and
attachments)
b. Include a narrative that responds to the applicable criteria in sufficient detail for review and
action;
c. Be accompanied by the required fee; (City application; no fee required
d. Include two sets of pre-stamped, pre-addressed envelopes for all persons who are
property owners of record as specified in Section 18.390.050.C. The records of the
Washington County Department of Assessment and Taxation shall be the official records
for determining ownership. The applicant shall demonstrate that the most current
assessment records have been used to produce the notice list; (Contact Patty Lunsford for the
address list)
e. Include an impact study. The impact study shall quantify the effect of the development on
public facilities and services. The study shall address, at a minimum, the transportation
system, including bikeways, the drainage system, the parks system, the water system, the
sewer system, and the noise impacts of the development. For each public facility system and
type of impact, the study shall propose improvements necessary to meet City standards and
to minimize the impact of the development on the public at large, public facilities systems,
and affected private property users. In situations where the Community Development Code
requires the dedication of real property interests, the applicant shall either specifically concur
with the dedication requirements, or provide evidence which supports the conclusion that
the real property dedication requirement is not roughly proportional to the projected impacts
of the development. (An impact study is not relevant to the sign permit reconsideration)
REVIEW CRITERIA
The City's authority to revoke a sign permit includes TDC 18.210.070(B), TDC 18.230.060,
and TDC 18.230.070(8)(1). A hearing on revocation shall be pursuant to TDC 18.390.050.
The applicable Tigard Development Code sign standards include:
18.620.050.A (Signs in the Tigard Triangle: MUE zone applies C-P zoning district regulations)
18.780.130.D.2 (wall signs in the C-P zone)
18.780.085.B (wall sign measurement)
18.780.015.52 (definition for "Temporary Signs")
18.780.015.20 (definition for "face of a building")
18.780.015.55 (definition for "wall sign")
PREPARED BY:-
Gary Pa nstecher
Associate Planner
Wendie L. Kellington
Attorney at Law, P.C.
Licensed in Oregon and Washington
Phone(503)624-7790
P.O. Box 1930 Mobile (503) 804-0535
Lake Oswego Or Facsimile (503) 620-5562
97035 Email: wk(tr?,wkell ington.coIn
January 28, 2010
Via U.S. Mail
Ron Bunch
Community Development Director
City of Tigard
13125 SW Hall Blvd.
Tigard, Or 97223
Re: "Notice of Proposed Revocation of Sign Permit Applications SGN 2009-00161.
SGN 2009-00162 & SGN2009-00163"
Dear Mr. Bunch:
This firm represents Steve Deacon and Deacon Development Group (Deacon) regarding
the above captioned matter. On January 19, 2010 you wrote to Mr. Deacon on behalf of the city
advising that by January 29, 2010 Deacon could supply "evidence or argument" that city sign
permits should not be revoked. Please consider this letter that response.
The city has no authority to revoke the sign permits it granted on July 7, 2009. The
revocation process in the city's January 19, 2010 letter is contrary to the city code and arbitrary.
If the city wishes to initiate code enforcement processes it must adhere to the processes outlined
in its code at TC 18.230 (Enforcement) and TC 1.16 (Civil Infractions).
A code enforcement case must be predicated on one of two things. There must either be
an alleged violation of the terms of a permit or a provable violation of the city code. Neither can
be shown here. There is no dispute the signs subject to the city permits meet all of the terms of
the city issued permits.
As to alleged "violations" the city's letter erroneously asserts the city issued permits are
contrary to TC 18.780.130(2)(a) which provides: "Wall signs * * * may be erected or maintained
but shall not exceed five percent in gross area of any wall face on which the sign is to be
mounted." The term "wall face" is not defined in the city's code.
In issuing the city permits, the city interpreted the term "wall face" to refer to each side of
the subject triangular shaped building as being one wall. The city further found there were three
wall faces on the triangular shaped building. This is a reasonable interpretation. The city
approved plans clearly establish this interpretation. There is nothing about the interpretation that
is a "violation" of the city code. Rather, it is a reasonable and plausible interpretation upon
which the applicant has relied in good faith. In the applicant's July 7, 2009 letter transmitting
January 28, 2010
Page 2
the sign permit applications, the applicant stated: "The method of calculation of the wall signage
is attached and is based on feedback from Gary Pagenstecher at our pre-application conference
on October 28, 2008. Because of the broken up fagade of the existing building, we are
considering the building a 3-sided building which is how the building is viewed from a distance."
The city reinforced this was its interpretation of the term "wall face" by issuing the permits.
It was only after someone complained regarding the content of a particular sign, that the
city determined it wished to apply a new preferred interpretation of its code to the subject signs.
It was after such complaint that the city sought to revoke the issued permits and issue new
permits based on its new preferred interpretation of the term "wall face". This, the city is not
permitted to do.
An interpretive preference is not the equivalent of a code violation. While the city's new
preferred interpretation may also be a plausible interpretation of the term "wall face" it does not
make the interpretation upon which the permits were issued "violations".
Deacon has three validly issued sign permits. The decisions issuing those sign permits
are final decisions of the city. The final decisions of the city addressed all applicable code
provisions and may not now be collaterally attacked. TC 18.390.03(C) and (D). A change in the
city's preference of how a term in the code might be interpreted, does not convert a reasonable
and plausible interpretation of the code upon which a permit is based, into a "violation."
The city's letter also includes a statement that the city permits are further contrary to
"TDC 18.210.030.A/ORS 377.723". This allegation betrays pretextuality. Neither of these
provisions makes the three issued permits "violations" and neither compels "revocation". These
provisions together simply require that if an applicant seeks an MOT permit, the city must
certify that the sign complies with city requirements. There is no city requirement to which the
signs were contrary when the permits were issued and there is no reason to think such
certification would be withheld.
Under ORS 227.178(3), Deacon is entitled application of the standards and criteria in
effect when their sign permit applications were submitted. This includes that once those permits
were issued, Deacon continues its entitlement to the application of the reasonable and plausible
interpretation of the standards and criteria that supported the permits. Once Deacon obtained its
permits, it relied on them in good faith and entered into contracts detrimentally changing its
position in reliance on those city permits. Deacon erected the signs the permits contemplated
and allowed. Under the legal doctrines of vested rights, estoppel, and unlawful interference with
contracts and business relations, Deacon is entitled to the benefit of its permits and the city may
not, with all due respect, revoke them. The city's new narrow interpretation of its code
significantly damages Deacon and, therefore, Deacon is unable to accede to it.
Regardless of the above, please understand that Deacon values its relationship with the
city and is a cooperative property owner. This should be evident in its various efforts to
accommodate and balance the city's current wishes and Deacon's contractual and business
January 28, 20 10
Page 3
obligations. We believe it is possible that there is a reasonable accommodation of the city's
current position that can be explored in a constructive dialogue. Should you be interested in
exploring such a resolution, please feel free to call Kendra or Steve directly, or to let me know.
However, please understand that in no event has Deacon violated any code, as is evident from
the city's previous reasonable interpretation of the city code manifested in the issued permits.
Thank you for this opportunity to comment.
Very truly y urs
Wendie L. Kel in on WLK:wlk
Enclosures
CC: Steve Deacon
Kendra Howell
Tim Ramis, Esq.
t
d
t I~ 1
January 19, 2010 City of Tigard
Steve Deacon
Deacon Development Group
901 NE Glisan Street
Portland, OR 97232
RE: Notice of Proposed Revocation of Sign Permit Applications SGN2009-00161, SGN2009-
00162, & SGN2009- 00163
Dear Mr. Deacon:
The City issued the above listed sign permits on July 7, 2009. On November 6, 2009, the City
received a complaint about the wall sign located on the south side of the Triangle Point Building
which advertises "McDonalds." Based on this complaint, the City reviewed its permits and
determined that they had been issued in error, approving signs approximately four times the size
that could be allowed under the Tigard Development Code (TDC).
I am writing to notify you that, effective February 5, 2010, the sign permits issued pursuant to the
above referenced applications are scheduled to be revoked because: 1) the TDC prohibits signs of
the size of those which have been erected (TDC18.780.130.D.2); and 2) the required State permits
have not been obtained (TDC18.210.030.A/ORS377.723). At any time prior to January 29, 2010
you may provide to me in writing any contrary evidence or argument which you wish to have
considered. The decision to be issued on February 5, 2010 will take into consideration all
information presented to the City prior to that date. You will receive notice of the decision. If the
permits are revoked on February 5, 2010, the signs must be removed by February 12, 2010.
The City is taking this action because neither compliance not a compliance agreement was
accomplished by the January 8, 2010 date specified in our letter of December 24, 2009.
Please call if you have any questions regarding this matter.
Sincerely,
A64V &xv-~
Ron Bunch
Community Development Director
C: Craig Prosser, City Manager
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 9 www.tigard-or.gov
aJanuary 19, 2010 City of Tigard
Steve Deacon
Deacon Development Group
901 NE Glisan Street
Portland, OR 97232
RE: Sign Permit Applications SGN2009-00161, SGN2009-00162, & SGN2009-00163
Dear Mr. Deacon:
Thank you for your letter dated January 5, 2010, including explanatory exhibits and calculations, in
which you state your understanding of how the Tigard sign code applies to the Tigard Triangle
Pointe Building, located at 13333 SW 68th Parkway.
Our understanding of your calculations is that they suggest a code interpretation that would justify
permitting larger signs than City staff has indicated could be allowed, but they do not provide
justification for the signs which are currently on the building. Because the existing signs are not in
compliance with the City code, and because no compliance agreement has been executed, the City
has initiated the revocation process for which notice is provided in the enclosed letter. The
initiation of this process does not preclude a new application for signs of a different size.
You may of course apply using the approach described in your January 5, 2010 letter, however, that
approach is inconsistent with the City's application of the code. If signs of the size which you
suggest were submitted, it is very likely that the applications would be denied. The documentation
submitted is inconsistent with the code as applied by the City because it continues to include wall
areas not allowed in the calculation. In this case, the 5% allowed sign size should be calculated
based on the wall face on which the sign is mounted (center stair tower) and the flanking southwest
elevations which are proximate (separated by an approximately 6-foot setback) and structurally
connected. The main stair core face (63 feet removed) and penthouse face (14 feet removed) are
not proximate or structurally connected. On this basis, the 5% wall sign size for each of the three
signs is approximately 200 square feet. The precise size of the signs will require elevation drawings
to scale from which measurements of the faces can be made.
To further clarify, the provision of Section 18.780.130.D.2.b refers only to the orientation of the
wall sign, that it be parallel to the face of the building, and should not be confused with the basis for
calculating the size of the wall sign.
The City will consider any alternative code analysis which you may offer but we wish to be cleat
about our understanding of the code-language before any future application is filed. If you wish to
discuss a new application please call me. We are willing to continue our efforts to resolve this
matter which, to date, have included the following:
13125 SW Hall Blvd. e Tigard, Oregon 97223 ® 503.639.4171
TTY Relav: 503.684.2772 0 www.tigard-or.gov
• The City contacted Deacon Development on November 13`h to discuss bringing the signs
into compliance with the applicable development code standards within the existing permits.
• On December 4`h, City staff met with you (owner), Pete Snook (principal), and Kendra
Howell (development manager) to discuss compliance with Tigard's sign code for any signs
on the Tigard Triangle Pointe Building, indicating that any signs would have to meet TDC
standards within a relatively short time frame and preferably by the end of the month
(December 31
• On December 9`h, City staff met with Kendra Howell to convey the City's application of
specific provisions of the sign code so that new signs consistent with the TD C, could be
obtained to replace the existing signs. Staff clarified that the basis on which the area of a
wall sign is calculated includes the wall face on which the sign is to be mounted
(18.780.130.D.2.a) and any proximate and structurally connected parallel planes (as is the
City's practice). In addition, staff indicated that a 50% increase could be allowed provided
the applicant successfully made the case that the wall sign's visual appeal and overall design
quality would be served by allowing the increased size (18.780.130.D.2.c).
• On December 21" and 23`d, Deacon Development submitted revised application materials.
However, the materials received did not provide sufficiently accurate information (i.e.,
scalable drawings), continued to include wall areas not allowed in the calculations, and did
not include the required justification for the increased size on which to base issuing a revised
permit.
• In response to our December 24" letter stating the City's position and setting a January 8th
deadline for compliance, we received your letter dated January 5, including explanatory
exhibits and calculations, in which you stated your understanding of how the Tigard sign
code applies to the Tigard Triangle Pointe Building. The City has analyzed the proposal and
provided comments.
We look forward to new applications for signs for the subject building consistent with the applicable
provisions of the Tigard Development Code. The City will waive the application fees for up three
sign applications.
Please call if you have any questions regarding this matter.
Sincerely,
~Bunch
Community Development Director
C: Craig Prosser, City Manager
n
December 24, 2009r-- 4<.=.. F
City of Tigard
Steve Deacon
Deacon Development Group
901 NE Glisan Street
Portland, OR 97232
RE: Sign Permit Applications SGN2009-00161, SGN2009-00162, & SGN2009-00163
Dear Mr. Deacon:
The purpose of this letter is to summarize the City's position with respect to the above listed
sign permits issued by the City July 7, 2009 for the Tigard Triangle Pointe Building located at
13333 SW 68th Parkway.
On November 6, 2009, the City received a complaint about the wall sign located on the
south side of the Triangle Point Building which advertises "McDonalds." Based on this
complaint, the City reviewed its permits and determined that they had been issued in error,
approving signs approximately four times the size that could be allowed under the Tigard
Development Code (TDC). The City contacted Deacon Development on November 13th to
discuss bringing the signs into compliance.
On December V1, City staff met with you (owner), Pete Snook (principal), and Kendra
Howell (development manager) to discuss compliance with Tigard's sign code for any signs
on the Tigard Triangle Pointe Building. You indicated that Deacon Development had
entered into a contract with a sign company (Icon) for a 13 month period (through
December 31, 2010) for at least two of the three 800 SF signs. Acknowledging its error and
the potential impact on contractual obligations, staff offered to work toward a "soft landing"
to resolve outstanding issues. Staff indicated that any signs would have to meet TDC
standards within a relatively short time frame and preferably by the end of the month
(December 31, 2009).
On December 9th, City staff met with Kendra Howell to convey the City's application of
specific provisions of the sign code so that new signs, consistent with the TDC, could be
obtained to replace the existing signs. Staff clarified that the basis on which the area of a
wall sign is calculated includes the wall face on which the sign is to be mounted
(18.780.130.D.2.a) and any proximate and structurally connected parallel planes (as is the
City's practice). In addition, staff indicated that a 50% increase could be allowed, provided
the applicant successfully made the case that the wall sign's visual appeal and overall design
quality would be served by allowing the increased size (18.780.130.D.2.c).
13125 SW Hall Blvd. e Tigard, Oregon 97223 e 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-ongov
Since the December 9th meeting, the City has anticipated submittal by Deacon Development
of revised application materials applying the code as explained. However, to date, only a
partial submittal was received on December 21st and 23rd. The materials received do not
provide sufficiently accurate information (i.e. scalable drawings), continue to include wall
areas not allowed in the calculations, and do not include the required justification for the
increased size on which to base issuing a revised permit. Although the City has worked
cooperatively with Ms. Howell, there appears to be unresolved issues preventing a timely
conclusion of this matter.
The City understands that ODOT's Outdoor Advertising Signs office is aware of the subject
signs and believes a state permit is required. The state permit requires the applicant to
submit an affidavit from the City that the proposed signs comply with all applicable City
ordinances (ORS377.723). The TDC requires each development and use application to be
consistent with state law (18.210.030).
In the spirit of cooperation and timely resolution of this matter, the City expects to receive
complete documentation demonstrating compliance with the applicable provisions of the
TDC in order to modify your existing sign permits. If the City has not received this
documentation by January 8, 2009, approximately two months after receiving initial
complaints on the signs, the permits will be revoked and an enforcement proceeding will be
initiated which can result in citation into Municipal Court and fines.
Please call if you have any questions regarding this matter.
Sincerely,
Susan Hartnett
Assistant Community Development Director
C Craig Prosser, City Manager
Ron Bunch, Community Development Director
Tim Ramis, Jordan Schrader Ramis, PC
Gary Pagenstecher, Associate Planner
Christine Darnell, Code Enforcement Officer
I
CITY OF TICARD SIGN PERMIT
Permit SGN2009-00161
COMMUNITY DEVELOPMENT Date Issued: 07/07/2009
13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Parcel: 2S101DA00104
Jurisdiction: Tigard
Name of Business:
Business Address: 13333 SW 68TH PKWY
Applicant/Agent: Howell, Kendra
Work Description: Installation of (1) one permanent 800 s.f. wall sign
Permanent: Yes Freestanding: No Freeway: No
Temporary: Wall: Yes Electronic: No
Billboard: No Balloon: No
Banner: No A-Board: No
Sign Dimensions: 25' x 32'
Total Sign Area: 800
Wall Area: 16190
Wall Face (Direction): South
Sign Height: 55 ft.
Projection From Wall: in.
Illumination: No Illumination
Materials: Alum,Cable,Vinyl
Electrical Permit Required: No
Building Permit Required: No
Total Permit Fee: $40.00
Conditions: 1 Pin Gen REVISED SITE PLAN
2 Pin Gen REVISED LANDSCAPE PLAN-PHASE I
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and
all other applicable law. All work will be done in accordance with approved plans. A permanent sign must be placed within
90 days from approval date or sign permit shall expire. A temporary sign shall expire 30 days from validity date. A balloon
sign shall expire 10 days from validity date.
Approved By: - a
Permittee Signature:
SIGN PERMIT APPLICATION
EEC City of Tigard Pernsit Ceaer 13125 Sli7 Hall Blvd., Tigard, OR 97223
Phone: 503.639.4171 Fax.• 503.598.1960
h. a
1,
GENERAL INFORMATION
Name of Development/Pmjcct
a~ L~ ®I ~ FOR STAFF USE ONLY
Site p-
Address/ Street Address +4- Permit No.: oo
Location V3 (Q(~j'PIC
i.~
Suitc/Bldg. # City/State Zip Expiration Date:
L ?V-- 27 O 1 - 2-2-'
Namc Approved By: T-0
Property cvt( Date: 7/:Z10 F
Owner Mailing Address qq Suite Map/TL#:
Zoning: ~C
Ci
foeAuw ty/State zip Phone ~3
Tenant or Name f) M U Electrical Permit Required? ❑ Yes 9-No
Business V1 I Building Permit Required? ❑ Yes []-Pdo
Name Rcn-. 7/ 1 / 07
W iAcurpln\masters\iand use applica tions \sign permit app.doc
Sign
Contractor Matting Address Suite
(Prior to permit
issuance, a
copy of all City/State Zip Phone REQUIRED SUBMITTAL ELEMENTS
licenses are (Note: applications will not be accepted
required if without the required submittal elements)
expired in the Oregon Const. Cont. Board License # Esp. Date
City of Tigard's
database) I ❑ Completed Application Form
Proposed ❑ Permanent ❑ Freestanding ❑ Freeway ❑ 2 Copies of Site/Plot Plan, Drawn to Scale
Sign ❑ Temporary wall ❑ Electronic (3 copies, if a building permit is required)
(Check all that ❑ Other Billboard ❑ Balloon size requirement: 81/2" x 11 or 11 " x 17"
New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale
Sign Dimensions: (3 copies, if a building permit is required)
11125x 3e.;L size requirement: 81/2" x 11", to 24" x 36"
Total Sign Area (sq. ft.):
CJ~ ❑ $40.00 Fee (Permanent sign, any size)
Sin Data Total all area (sq. ft.) 04 19.00 Fee em ora sign, an e
5 8 (T P ry y ~m )
g 1(11104 tolho,
(Complete all Direction Wall Faces (circle one :
items in this NOTES:
section) (DOE (D NE NW SE SW
Height to top of sign (feet): 6 ♦ Wall signs do not need to be drawn to scale, but
Projection From Wall (inches): must include dimensions of wall face and sign
copy: I&3 N& placement.
Materials: &LW1tJ(AM LE N L ♦ Wall signs do not require site/plot plans.
♦ Freestanding signs over 6 ft. required a building
Will sign have illumination? ❑ Yes No permit.
Type: ❑ Internal ❑ Exte nal ♦ If work authorized under a sign permit has not been
Are there any existing freestanding or wall signs at this location, completed within ninety (90) days after the issuance
including wall signs that overlap a tenant space? of the permit, THE PERMIT WILL BECOME
❑ Yes 0 No NULL AND VOID.
If "yes", a list or diagram of all sign dimensions and square
footage must also be submitted.
(OVER FOR SIGNATURES)
I hereby acknowledge that I have read this application, that the information given is correct, that I am
the owner or authorized agent of the owner, and that plans submitted are in compliance with the City
of Tigard.
r
DATED this dap of 20
i~
r~ 7
r~
Signature of un7er/Ag, nt
Contact Person Name Phone No.
CITY OF TIGAaRD RECEIPT
M-ip 19 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
Receipt Number: 174262 - 07/07/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
SGN2009-00161 Sign Permit 1003100-43115 $35.00
SGN2009-00161 Sign Permit - LRP 1003100-43117 $5.00
Total: $40.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 001627 KPEERMAN 07/07/2009 $40.00
Payor: Kendra Howell
Total Payments: $40.00
Balance Due: $0.00
Page 1 of 1
K+~
July 7, 2009
City of Tigard Community Development
13125 SW Hall Blvd.
Tigard OR 97223
RE: 13333 SW 68 h Parkway
Triangle Pointe Signage
Deacon Development is submitting a permit for signage at the Triangle Pointe
Building (formerly the Farmer's Insurance Regional Headquarters).
The method of calculation of the wall signage is attached and is based on
feedback from Gary Pagenstecher at our pre-application conference on October
28, 2008. Because of the broken up facade of the existing building, we are
considering the building a 3-sided building, which is how the building is viewed
from a distance..
Please let me know if you have any specific questions or clarifications.
Thank ou,
Kendra Howe
Development Manager
Square Footage of Triangle Pointe Wall Signs 6/26/2009
5% of wall face
Main Building
Avg. Height: 52
Width: 268
13936
4th Floor
Avg. Height: 13
Width: 194
2522
16458 822.9
MI,
Main Building
Avg. Height 52
Width: 294
15288
4th Floor
Avg. Height: 14
Width: 202
2828
18116 905.8
Main Building
Avg. Height: 51
Width: 268
13668
4th Floor
Avg. Height: 13
Width: 194
2522
16190 809.5
iI
FORBES
p - NOW LEASING I I I z
tl I 1- i 503.227.2500 32'-0" I 1
YOUR NAME
HERE
j I, ~ Ids
i
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RIANGLE POINTE WALL SIGN, TYPICAL ELEVATION ALL 3 ELEVATIONS TO CONTAIN THE IDENTICAL SIGN, 800 SF.
SIGN TO BE WALL MOUNTED, VINYL SIGN ON ALUMINUM FRAME
SIGN
ELEVATION
SCALE: 3/32"=1'-0"
DATE: 6/20/09
ty~
Cor:dMonaliy Approved...-
[
For only the wor~ as d scribed in:
PERMITNO.~. G?,~Y s3~Lz1~
See Letter to: Follow.
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rl' ELEV a 220.03 :•,a _
In 23,308 $Q. F F.
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lp.
rn. y i I BUILDING
y,`~ , .~<< Z•~ CIS--Ii
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- - SCALE: I"=40'-O"
DATE: 6/20/09
Eh1LAHtaED SITE PLA41 - _
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DATE: 6/20/09
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DATE: 6/20/09
IEl
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C, -CAaT EX"fERIOR EL~VAllo
F. CITY OF TIGARD SIGN PERMIT
Permit SGN2009-00162
COMMUNITY DEVELOPMENT Date Issued: 07/07/2009
13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Parcel: 2S101DA00104
Jurisdiction: Tigard
Name of Business:
Business Address: 13333 SW 68TH PKWY
Applicant/Agent: Howell, Kendra
Work Description: Installation of (1) one 800 s.f permanent wall sign.
Permanent: Yes Freestanding: No Freeway: No
Temporary: Wall: Yes Electronic: No
Billboard: No Balloon: No
Banner: No A-Board: No
Sign Dimensions: 25'x32'
Total Sign Area: 800
Wall Area: 18116
Wall Face (Direction): North
Sign Height: 55 ft.
Projection From Wall: in.
Illumination: No Illumination
Materials: Alum,Cable,Vinyl
Electrical Permit Required: No
Building Permit Required: No
Total Permit Fee: $40.00
Conditions: 1 Pin Gen REVISED SITE PLAN
2 Pln Gen REVISED LANDSCAPE PLAN-PHASE I
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and
all other applicable law. All work will be done in accordance with approved plans. A permanent sign must be placed within
90 days from approval date or sign permit shall expire. A temporary sign shall expire 30 days from validity date. A balloon
sign shall expire 10 days from validity date.
Approved By:--Q-'(-'~
Permittee Signature:
SIGN PERMIT APPLICATION
City of Tigard Permit Center 13125 SW Hall.Blvd., Tigard, OR 97223
Phone: 503.639.4171 .Fax. 503.598. 1960
GENERAL INFORMATION
Namc of Development/Proicct
A~ L~ FOR STAFF USE ONLY
Site r-
Address/ street Address Permit No.:
Location
Expiration Date: C
Suite/Bldg. # City/State Zip ~ '
~/yff jl ~ Receipt ~ ~ , /
Name Approved By: T .
Property CVr l H ~1 " r Date: '71-7 to l
Owner Mailing Address
1 ' suite Map/TL#:
L IJ~J~ Zoning: /I't it
City•/State Zip Phone
Electrical Permit Required? El Yes M.-No
Tenant or Name
Business V1 I C.-- Building Permit Required? ❑ Yes ❑'111'0
Name Rev. 7/l/07
W is\avpln\masters\Iand use applications\sign permit app.doc
Sign ~
Contractor Mailing Address Suite
(Prior to permit
issuance, a
copy of all City/state Zip Phone REQUIRED SUBMITTAL ELEMENTS
licenses are (Note: applications will not he accepted
required if without the required submittal elements)
expired in the Oregon Const. Cont. Board I kcnse # Esp. Date
City of Tigard's
database ❑ Completed Application Form
Proposed ❑ Permanent ❑ Frecstanding ❑ Freeway ❑ 2 Copies of Site/Plot Plan, Drawn to Scale
sign ❑ 'l'emporaq wall ❑ Electronic (3 copies, if a building permit is required)
(Check all that El Other 10
Billboard ❑ Balloon 1 " " "
I size requirement: 8 /z x 11 , or 11 x 17'
New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale
Sign Dimensions: Z)r (3 copies, if a building permit is required)
elf.) size requirement: 81/2" x 11", to 24" x 36"
Total Sign Area (sq. ft.):
(.Jw ❑ $40.00 Fee (Permanent sign, any size)
Total Wall Area (sq. ft.)
cl p E] $19.00 Fee (Temporary sign, any type)
Sign Data
C-5) jw~
(Complete all Direction Wall Faces (circle on :
items in this NOTES:
section) (DOE (D NE NW SE SW
Height to top of sign (feet): 5 ♦ Wall signs do not need to be drawn to scale, but
Projection From Wall (inches): must include dimensions of wall face and sign
placement.
Copy: MK) o.1& ♦ Wall signs do not require site/plot plans.
Materials: tJ ♦ Freestanding signs over 6 ft. required a building
Will sign have illumination? ❑ Yes No permit.
Type: ❑ Internal ❑ Exte nal ♦ If work authorized under a sign permit has not been
Are there any existing freestanding or wall signs at this location, completed within ninety (90) days after the issuance
including wall signs that overlap a tenant space? of the permit, THE PERMIT WILL BECOME
❑ Yes )d No NULL AND VOID.
If "yes", a list or diagram of all sign dimensions and square
footage must also be submitted.
(OVER FOR SIGNATURES)
I hereby acknowledge that I have read this application, that the information given is correct, that I am
the owner or authorized agent of the owner, and that plans submitted are in compliance with the City
of Tigard.
DATED this day of 20
Signature of weer/Ag ,nt
4v~ o-
Contact Person Name Phone No.
CITY OF TIGARD RECEIPT
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
sa I
Receipt Number: 174263 - 0710712009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
SGN2009-00162 Sign Permit 1003100-43115 $35.00
SGN2009-00162 Sign Permit- LRP 1003100-43117 $5.00
Total: $40.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 001627 KPEERMAN 07/0712009 $40.00
Payor: Kendar Howell
Total Payments: $40.00
Balance Due: $0.00
Page 1 of 1
l
I -
f
July 7, 2009
City of Tigard Community Development
13125 SW Hall Blvd.
Tigard OR 97223
RE: 13333 SW 68`" Parkway
Triangle Pointe Signage
Deacon Development is submitting a permit for signage at the Triangle Pointe
Building (formerly the Farmer's Insurance Regional Headquarters).
The method of calculation of the wall sgnage is attached and is based on
feedback from Gary Pagenstecher at our pre-application conference on October
28, 2008. Because of the broken up fagade of the existing building, we are
considering the building a 3-sided building, which is how the building is viewed
from a distance..
Please let me know if you have any speck questions or clarifications.
Thank ou,
Kendra Howe
Development Manager
Square Footage of Triangle Pointe Wall Signs 6/26/2009
5% of wall face
Main Building
Avg. Height: 52
Width: 268
13936
4th Floor
Avg. Height: 13
Width: 194
2522
16458 822.9
Main Building
Avg. Height 52
Width: 294
15288
4th Floor
Avg. Height: 14
Width: 202
2828
18116 905.8
Main Building
Avg. Height: 51
Width: 268
13668
4th Floor
Avg. Height: 13
Width: 194
2522
16190 809.5
1 •
F rl_(~_, kL' nrr T
FORBES
JVOW LEASING
603.227.2500 32'-0" ! I °I z_
4 _ - YOUR iVAM6' I5
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r
TRIANGLE POINTE WALL SIGN, TYPICAL ELEVATION ALL 3 ELEVATIONS TO CONTAIN THE IDENTICAL SIGN, 800 SF.
SIGN TO BE WALL MOUNTED, VINYL SIGN ON ALUMINUM FRAME
SIGN
ELEVATION
SCALE: 3/32"=1'-0"
CITY s DATE: 6/20/09
Approved. (x J
Car.dil;onallyA.pproved.._.__ [ i
For only the wor described in:
PERMIT N0 J 4 r_~„9 Onr
See Letter to: Follow ( 1
I
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0111
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uj 0
Z 00
EXISTING BUILDING
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PLAN
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SCALE: 1"=40'-0'
DATE: 6/20109
1
ENLARGED SffE PLAN
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BUILDING
I I I, j ELEVATION,
SCALE: 3132=1'-0"
DATE: 6120109
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A32
CITY OF TIGARD SIGN PERMIT
Permit SGN2009-00163
COMMUNITY DEVELOPMENT Date Issued: 07/07/2009
13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Parcel: 2S101 DA00104
Jurisdiction: Tigard
Name of Business:
Business Address: 13333 SW 68TH PKWY
Applicant/Agent: Howell, Kendra
Work Description: Placement of (1) one 800 s.f. permanent wall sign.
Permanent: Yes Freestanding: No Freeway: No
Temporary: Wall: Yes Electronic: No
Billboard: No Balloon: No
Banner: No A-Board: No
Sign Dimensions: 25'x32'
Total Sign Area: 800
Wall Area: 16458
Wall Face (Direction): West
Sign Height: 55 ft.
Projection From Wall: in.
Illumination: No Illumination
Materials: Alum,Cable,Vinyl
Electrical Permit Required: No
Building Permit Required: No
Total Permit Fee: $40.00
Conditions: 1 Pin Gen REVISED SITE PLAN
2 Pin Gen REVISED LANDSCAPE PLAN-PHASE I
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and
all other applicable law. All work will be done in accordance with approved plans. A permanent sign must be placed within
90 days from approval date or sign permit shall expire. A temporary sign shall expire 30 days from validity date. A balloon
sign shall expire 10 days from validity date.
XPAC"
Approved By: ` r
Permittee Signature:
'?I
I
SIGN PERMIT APPLICATION
a
City of Tigard Permit Center 13125 Sly Hall Blvd., Tigard, OR 97223
Phone: 503.639.4171 Fax.' 503.598.1960
GENERAL INFORMATION
Name of Dcrelopmcm/Project
AN L~F FOR STAFF USE ONLY
Site
Address/ street Address Permit No.: ~flr h~D ! ° ~J
l.(f
Location 15 ~V-~ cat
suite/Bldg. # Ciq/stare Zip Expiration Date: LL
& /~,ff j~ ® Receipt
Name Approved By:
Property. Date:
Owner Mailing Address Suttc Map/TL#:
L IJ~J Zoning: Lt /
C:ity/State %ipPhone v~1 p
RULM 0 v O Electrical Permit Required? ❑ Yes 2-f o
Tenant or Name
Business r l C~- Building Permit Required? ❑ Yes J-Pdo
Name Rcv 7/1/07
0 is\evpln\mastcrs\land use applications\sign permit app.doe
Sign
Contractor Mailing Address Suite
(Prior to pctmit
issuance, a
copy of all City/state Zip Phone REQUIRED SUBMITTAL ELEMENTS
licenses arc (Note: applications will not be accepted
required if without the required submittal elements)
expired in the Orcgon Const Cont. Board Iaccnsc # Hxp. Datc
City of Figard's
database ❑ Completed Application Form
Proposed ❑ Permanent ❑ Freestanding ❑ Freeway ❑ 2 Copies of Site/Plot Plan, Drawn to Scale
Sign ❑ `['emporary Fwall ❑ uectrtnic (3 copies, if a building permit is required)
(Check all that E] Other Billboard ❑ Balloon
1 I size requirement: 81h" x 11", or 11" x 17"
New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale
Sign Dimensions:C~5x 3a (3 copies, if a building permit is required)
size requirement: 81/2" x 11 to 24" x 36"
Total Sign Area (sq. ft.):
CJ~ ❑ $40.00 Fee (Permanent sign, any size)
Si Data Total Wall Area (sq. ft.) 19.00 Fee em or sign, an e
(q O S ❑ $ CI PY Y tYP ) ) 1011(01 (Complete all Direction Wall Faces (circle on :
items in this ~ NOTES:
section) (S)o E (D NE NW SE SW
Height to top of sign (feet): ♦ Wall signs do not need to be drawn to scale, but
Projection From Wall (inches): must include dimensions of wall face and sign
copy: tao NAYlE placement.
Materials: W(4 lF, N L ♦ Wall signs do not require site/plot plans.
♦ Freestanding signs over 6 ft. required a building
Will sign have illumination? ❑ Yes No permit.
Type: p Internal ❑ Exte nal ♦ If work authorized under a sign permit has not been
Are there any existing freestanding or wall signs at this location, completed within ninety (90) days after the issuance
including wall signs that overlap a tenant space? of the permit, THE PERMIT WILL BECOME
❑ Yes 0 No NULL AND VOID.
If "yes", a list or diagram of all sign dimensions and square
footage must also be submitted.
(OVER FOR SIGNATURES)
I hereby acknowledge that I have read this application, that the information given is correct, that I am
the owner or authorized agent of the owner, and that plans submitted are in compliance with the City
of Tigard.
DATED this day of 20 0
f kt/ 7
Signature of wner/Agent
r ~ ~~'tr~i`~ ~ . ~ I/ 1 't'om •1 J
Contact Person Name Phone No.
CITY OF TIGARD RECEIPT
64 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
Receipt Number: 174264 - 07/07/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
SGN2009-00163 Sign Permit 1003100-43115 $35.00
SGN2009-00163 Sign Permit - LRP 1003100-43117 $5.00
Total: $40.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 001627 KPEERMAN 07/07/2009 $40.00
Payor: Kendra Howell
Total Payments: $40.00
Balance Due: $0.00
Page 1 of 1
July 7, 2009
City of Tigard Community Development
13126 SW Hall Blvd.
Tigard OR 97223
RE: 13333 SW 68"' Parkway
Triangle Pointe Sggnage
Deacon Development is submitting a permit for signage at the Triangle Pointe
Building (formerly the Farmer's Insurance Regional Headquarters).
The method of calculation of the wall signage is attached and is based on
feedback from Gary Pagenstecher at our pre-application conference on October
28, 2008. Because of the broken up fagade of the existing building, we are
considering the building a 3-sided building, which is how the building is viewed
from a distance..
Please let me know if you have any specific questions or clarifications.
Thank ou,
Kendra Howe
Development Manager
Square Footage of Triangle Pointe Wall Signs 6/26/2009
5% of wall face
Main Building
Avg. Height: 52
Width: 268
13936
4th Floor
Avg. Height: 13
Width: 194
2522
16458 822.9
Main Building
Avg. Height 52
Width: 294
15288
4th Floor
Avg. Height: 14
Width: 202
2828
18116 905.8
- X
I' fr~4~ ~If~Pil flt4r - - t n - r y4: » i` tr
Main Building
Avg. Height: 51
Width: 268
13668
4th Floor
Avg. Height: 13
Width: 194
2522
16190 809.5
e
I
t
[ MUM
NOW LEASING
11; 503.227.2500 , J(I ,
j , 32'-0" z
I , r I I
YOUR NAME ' i
HERE T
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41 - - - - - - - - - - - - - - - - - - -
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RIANGLE POINTE WALL SIGN, TYPICAL ELEVATION ALL 3 ELEVATIONS TO CONTAIN THE IDENTICAL SIGN, 800 SF. 0!
SIGN TO BE WALL MOUNTED, VINYL SIGN ON ALUMINUM FRAME
SIGN
ELEVATI®I!
SCALE: 3/32"=l'-0"
tit` t a a'r r DATE: 6/20109
Approved....
I
i
Con,ditionallyApproved J
For only the wopc as dcsrriE~od in:
P E RM IT NO. 5-.!UZ.ro...5 .?a0-/ k3--
See Lotter to: Follow [ 1
Attenh-
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Job Addrestc:
Sy -Date:_"
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BUILDING
VIP
PLAN
t~ y"b) I SCALE: 1"=40'-O"
I DATE: 6/20/09
ENLARGED SITE PLAN
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