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MIS2010-00001 AFFIDAVIT OF MAILING Er I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: © NOTICE OF PUBLIC HEARING FOR MIS2010- 00001 /RE VOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS (File No /Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ® Tigard Hearings Officer (5/24/2010) ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit " A" , and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on May 3, 2010, and depo • - : • the United- . - Mail on May 3, 2010, postage prepaid. i (Person that P - .are. once) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the c 9 " ---4--- day of i-- A , 2010. . OFFICIAL SEAL I (- : ' - c. 7 SHIRLEY L TREAT •4 / V∎ l.[-i ` NOTARY PUBLIC - OREGON ' ®� COMMISSION NO. 416777 NOTARY P : IC OF OREGON MY COMMISSION EXPIRES APRIL 25, 2011 My Commission Expires: /./ /// l NOTICE TO MORTGAGE1 JENHOLDER, VENDOR OR . 1.1 FR THE TIGARD DEVFIOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER EXHIBIT 14. ' ` TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY MAY 24, 2010 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: MISCELLANEOUS (MIS) 2010 -00001 FILE TITLE: REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS APPLICANT: City of Tigard OWNER: Deacon Development Group 13125 SW Hall Blvd. 901 NE Glisan Street, Suite 100 Tigard, OR 97223 Portland, OR 97232 PROPOSAL: The City proposes 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. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi - family housing 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, utilities and transit- related park - and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTNE LIS 1'ENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LE I AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER, ASSOCIATE PLANNER AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E -MAIL TO gatypgt, igard- or.gov. II ■ r ®rr r r ! ' .�� . � me c, i..f ! VICINITY MAP \ _al •.. dm ran !! ! 't MIS2010 -00001 .•: =d:. n i. e . Ulm i ! ! 1.n iHi ii i RI M as rr au► -. *, rr ■ e -re r RECONSIDERATION OF TRIANGLE POINTE SIGN Nil wpm "�, ` ' Ir'rr !! r ! • r R! 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NI 101 c K _ f rl� w4Y Feet M Triangle Pointe LLC MIS2010 -00001 901 NE Glisan Street # 100 RECONSIDERATION OF TRIANGLE Portland, OR 97232 POINTE SIGN PERMITS Deacon Development Group EXH I H IT. 901 NE Glisan Street, Suite 100 Portland, OR 97232 ODOT RIGHT -OF -WAY SECTION 355 CAPITOL STREET NE, ROOM 420 SALEM, OR 97301 -3871 101DA000 2S101DA01700 , NELSON VIAL LLC 7000 SW VARNS • PORTLAND, OR 97223 101DA000 0 2= 010A01901, NEL`•N - LLC 7001 ; ARNS ' RTLANI 5 R 97223 2S101DA00105 2S101DA00101 BRE /HV PROPERTIES LLC PACIFIC NW PROPERTIES LIMITED PA TAX DEPTARTMENT STERN FAMILY LIMITED PARTNERSHIP & EXTENDED STAY HOTELS STERN, HELEN R REV TRUST 100 DUNBAR ST 6600 SW 105TH AVE #175 SPARTANBURG, SC 29306 BEAVERTON, OR 97008 21E06 01300 2::101DA00100 CENTERPOINTE OWNERS ASSOC PA C NW PROP• RTIES LIMITED PA 1 SW COLUMBIA #1212 STERN MILY ITED PARTNERSHIP & PORTLAND, 97258 STERN, H • R REV TRUST 6600 . ■I 105TH #175 . ' • VERTON, OR 97008 2S101DA01100 2S101DA01600 CHINOOK INVESTMENT COMPANY PACIFIC PLAZA FIR LOOP LLC 25 NW 23RD PL STE 6 7140 SW FIR LOOP #220 BOX 454 PORTLAND, OR 97223 PORTLAND, OR 97210 2S101DA01500 2S101AD03200 DHS LLC PACIFIC REALTY ASSOCIATES 15 OAKWOOD AVE ATTN: N PIVEN NORWALK, CT 06850 15350 SW SEQUOIA PKWY #300 PORTLAND, OR 97224 2S101DA00103 2 101AD03500 GK TRIANGLE CORPORATE PARK III L PAC REA ASSOCIATES BY KBS REALTY ADVISORS ATTN: N : 4 EN C/O THOMSON REUTERS INC 153 • W S OIA PKWY #300 PO BOX 130174 'TLAND, OR 17224 CARLSBAD, CA 92013 101DA00102 2S101DD00100 GK "IANGLE ORPORATE PARK III L PAPE, SHIRLEY N & BY KB TY ADVISORS TOOKE, DIAN P & C/O T . ` •N REUTERS INC PAPE, TERRANCE E PO : •X 1301 355 GOODPASTURE ISLAND RD RLSBAD, CA 92013 EUGENE, OR 97440 2S101DD00500 2S101DA01000 HOFF, CHARLES V & PARAGON INVESTMENTS LLC FRENCH, WILLIAM P 7100 SW FIR LP 6755 SW SANDBURG ST TIGARD, OR 97223 TIGARD, OR 97223 2S101AC01600 2S101DA02100 NEIMEYER, JOHN SORGENTE PROPERTIES LLC 15 82ND DR STE 210 6960 SW VARNS ST GLADSTONE, OR 97027 TIGARD, OR 97223 • r 21E06 00400 TEMPLE CORP LATTER DAY STS 50 E NORTH ST #22 SALT LAKE CITY, 84150 2S101DD00400 TOC MANAGEMENT SERVICES INC 6825 SW SANDBERG ST TIGARD, OR 97223 2S101DA00104 TRIANGLE POINTE LLC 901 NE GLISAN ST #100 PORTLAND, OR 97232 2S101DB00901 VARNS CORNER LLC 7000 SW VARNS PORTLAND, OR 97223 2S101DA00800 VARNS STREET II LLC 7105 SW VARNS ST PORTLAND, OR 97223 2S101DA02000 WEST COAST LUMBER INSPECTION BUREAU INC 6980 SW VARNS PORTLAND, OR 97223 2S101DD00600 WESTERN FAMILY HOLDING INC PO BOX 4057 PORTLAND, OR 97208 2S101AD03100 WESTON INVESTMENT CO 2154 NE BROADWAY • PORTLAND, OR 97232 2S101DA00900 WESTON INVESTMENT CO LLC 2154 NE BROADWAY, STE 200 PORTLAND, OR 97232 •101DD00111 WE 0 ESTMENT CO LLC 215' - OADWAY, STE 200 ,-• RTLAND, a R 97232 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82 Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 -6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i: \curpin \setup \labels \CIT East.doc) UPDATED: 28- Sep -09 4 City of Tigard ‘: ® _ Hearings Officer — Agenda i► 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 call 503 639 - 4171, ext. 2438 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments; and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m. no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 REVOCATION AND VOIDANCE OF TIGARD TRIANGLE POINTE SIGN PERMITS MISCELLANEOUS (MIS) 2010 -00001 PROPOSAL: The City proposes 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. 99W), Hi hway2' 7 and 1 -5. This zoning district permits a wide range of uses including ma or retail goods and services, business /professional offices, civic uses and housing; the latter includes multi-1 amily housing at a maximum density of 25 units /acre, equivalent to the R zoning district. A wide range of uses including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit - related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of traps to and within the Triangle it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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 I www.tigard - or.gov I Page 1 of 1 Agenda Item: 2.1 Hearing Date: May 24, 2010 Time: 7:00PM z y r. tP 1:,r�= STAFF REPORT TO THE .} HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 120 DAYS = 7/10/2010 SECTION I. APPLICATION SUMMARY FILE NAME: REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS CASE NO: Miscellaneous Permit (MIS) MIS2010 -00001 APPLICANT: City of Tigard OWNER: Deacon Development Group, 13125 SW Hall Blvd. 901 NE Glisan Street, Suite 100 Tigard, OR 97223 Portland, OR 97232 PROPOSAL: The City ppropposes to revoke and make void the subject sign permits (SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163), issued by the City on July 7, 2009. LOCATION: 13333 SW 68th Parkway, Tigard, OR 97223, Washington County Tax Assessor's Map 2S101DA, Tax Lot 00104. ZONING: 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. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) upport alternative modes of transportation to the greatest extent possible; and (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. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the subject signs, as permitted, are inconsistent with the applicable development code standards and have been issued in error. Staff further recommends the Hearings Officer find that the permits are therefore, REVOKED and VOID, from the day of the Hearing's Officer's decision in this matter. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 12 SECTION III. BACKUROUND INFORMATION History of the Permits: On July 7, 2009, three applications for wall signs on the Triangle Pointe Building were submitted to the City by Deacon Development Group ( "Deacon "). The applications and accompanying materials submitted by Deacon were reviewed at the time of submittal and the City issued three wall sign permits (SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163) for the Triangle Pointe Building ( "Permits ") the same day. The Permits allow for three, 800 square foot wall signs, each with dimensions of 25' x 32' ( "Signs "). Subsequent to issuance of the Permits, Deacon put up the Signs. The Permits are included herein as Exhibit 1. On November 6, 2009, the City received a complaint about the size of the wall sign located on the south side of the Triangle Pointe Building. Based on this complaint, the City performed an on -site inspection of the Signs and reviewed the Permits and permit application materials submitted by Upon inspection and review of the permit application ann materials, the City determined that based on the site characteristics, the size of the permitted Sins are in excess of the maximum wall sign standards for the MUE zone at Tigard Development Code ( "'1'DC ") 18.780.130.D.2.b. The Permits were granted based on the information that was provided by Deacon, including the calculation of the maximum size for wall signs on the Tillie Pointe building. The applicable calculation under '1'DC18.780.130.D.2.b, is that wall signs in the zone may be up to 5% of the gross area of the wall face on which the sign is mounted. Deacon's application materials represented that one third of the surface area of the irregularly shaped building's facade as a single "wall face ", which is contrary to the City's in terpretation of what constitutes a "wall face", as the term is used at 'I'DC18.780.130.D.2.b. The result being that Deacon's sign permit applications proposed wall signs that are approximately four times larger than are permitted under '1'DC18 780.130.D.2 The permit applications and accompanying materials submitted by Deacon are included herein as Exhibit 2. At the initial, July 7, 2009 review of the permit applications and accompanying materials, Kristie Peerman the City's Planning Permit Technician, did not recognize the discrepancy between the size of the wall signs proposed by the application and the maximum wall sign size imposed by '1'DC18.780.130.D.2.b. Accordingly, based on the information contained in the permit applications and accompanying materials, Ms. Peerman approved and issued the Permits to Deacon for the Signs under the mistaken understanding that the dimensions of the wall signs proposed in the applications were consistent with the 'l'DC. The resulting Permits allow for the Signs, which were, and remain, in excess of the maximum size permitted by '1'DC18.780.130.D.2.b. The Affidavit of Kristie Peerman corroborates the above facts and is attached hereto as Exhibit 3. Starting in November 2009, the City engaged in discussions with Deacon to negotiate replacement of the Signs with smaller ones that meet the applicable 1UC standards. Communications between the City and Deacon regarding the potential for Deacon to voluntarily bring the Signs into compliance with the '1DC are attached hereto as Exhibit 4. However, such discussions have stalled and Deacon, through their attorney has asserted the right to retain the existing signs as permitted, despite being in violation of 'l'DC18.780.130.D.2.b. Due to the lack of progress in the voluntary compliance discussions between the parties, the City initiated the current proceeding to revoke and make void the ?ermits. Site and Vicinity Information: The subject 8.5 -acre site contains an approximately 108,000 square foot office building (formerly Farmers Insurance), referred to herein as the Triangle Pointe Building. The three -story building (with additional daylight basement and penthouse floors) is composed of three wings of roughly equal dimension in a star - shaped configuration. The site is located in the southernmost extent of the Tigard Triangle at the northwest corner of the I -5 /Hwy 217 interchange. The site has approximately 540 feet of frontage along I -5 and approximately 1,560 feet of frontage along Hwy 217. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 12 Prior to issuing the subject Permits, the City approved a minor modification (MMD2009- 00017) to the Triangle Pointe Building for a 7,112 square foot addition and parking lot and landscape improvements. Proposal: After consultation with the City's attorney, the now proposes that the Hearings Officer find that sign permits SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163, were issued in violation of the applicable provisions of the '1DC, and to revoke the Permits pursuant to the request of the City under the authority granted it by the '1'DC. SECTION IV. REPORT MAKING PROCEDURES, PERMITS Summary of Decision - making Procedures The City proposes to "revoke" the subject sign permits pursuant to '1'DC 18.230.060 and to "void" the subject permits pursuant to '1'DC 18.210.070(B). '1'DC18.390.080.D.1.a.3 allows the Director to initiate an application. 1DC18.390.080.D.2 allows consolidation of actions into a single proceeding. Pursuant to '1'DC 18.210.070(B), a hearing on revocation of a permit is pursuant to Section 18.390.050. The Type III -HO procedure, as regulated by Chapter 18.390.050, uses approval criteria contained in the 'IUC. Type III - HO actions are decided by the Hearings Officer with appeals being heard by the City Council. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff finds the following code sections apply to the proposed sign permit reconsideration. Findings for these code sections are in Section VI of this report. A. Administrative Procedures 18.210 - General Administrative Procedures 18.230 - Enforcement B. Land Use Decisions 18.390 - Decision Making Procedures C. Zoning Districts 18.520 - Commercial Zoning Districts D. Community Plan Area Standards 18.620 - Tigard Triangle Design Standards E. Applicable Development Code Standards 18.780 - Signs SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ADMINISTRATIVE PROCEDURES 18.210 - General Administrative Procedures 18.210.070 Official Action A. Official Action. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this title, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this title. B. Severability. Any permit or approval issued or granted in conflict with the provisions of this chapter shall be void. REVOCATION &VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 12 The Director's Designee, Kristie Peerman, Planning Permit Technician, issued the Permits based solely on her review of the applicant's submittal application and accompanying materials (Exhibit 3). The application materials proposed three wall signs, each 800 square feet in area, and included calculations of the maximum allowable size of wall signs at the site, concluding that the proposed 800 square foot sins met the size requirements. 'I'DC18.780.130.D.2.b imposes a maximum size for wall signs in the zone, which is calculated based on a percentage of the wall face on which the wall sign is mounted. At the time, Ms. Peerman understood the size of the proposed wall signs to be calculated in accord with • '1'DC18.780.130.D.2.b, and therefore in compliance with the maximum size standards for wall signs based on the site (Exhibit 3). On subsequent review, staff determined that the application materials misapplied '1'DC18.780.130.D.2.b (maximum wall sign standards in the MUE zone) and therefore did not properly calculate the maximum size of wall sins permitted at the Triangle Pointe Building. The City's approval of Deacons permit signs P g g PP ��pp applications and issuance of the Permits were based on the application materials submitted by Deacon which miscalculate the maximum permitted size of wall signs on the site. As a result, the Permits allow for three 800 scuare foot wall signs, in excess of the maximum size permitted on the site by '1DC18.780.130.D.2.b, which in this instance is approximately 200 square feet per sign. The method of calculation and the specifics of the miscalculation in the application materials are addressed below in subsection E - Applicable Development Code Approval Standards. Because the Permits allow for wall signs in excess of the maximum size allowed under '1DC18.780.130.D.2.b, the Permits fail to comply with the standards of the TDC and were therefore, issued in conflict with "WC 18.210.070.A. Because the Permits were issued in conflict with 'lUC 18.210.070.A, they are void under '1 DC 18.210.070.B. FINDING: A permit issued by the City allowing development in conflict with any provision of the 1' C, violates '1'DC 18.210.070.A. A permit that is in conflict with 'I''C18.210.070.A is made void by 18.210.070.B. The Permits were issued by the City and allow wall signs that are in conflict with the maximum wall sign standards of '1 DC18.780.130.D.2.b. Therefore, the Permits fail to comply with '1'DC18.780.130.D.2.b. '1'DC18.780.130.D.2.b is a standard imposed to carry out the 1DC. Therefore, the Permits are in violation of 18.210.070.A , and are made void by 18.210.070.B. 18.230 - Enforcement 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropnate proceedings. The Signs constitute "development" as defined in 1 18.120.030.58 to be a "material change in the appearance of a structure." The City issued sign permits for signs contrary to the size provisions of the sign chapter of Title 18 (1DC18.780.130.D.2.b). TTherefore, the permits are unlawful. Because discussions of- voluntary compliance with Deacon have stalled, the City has initiated this proceeding to revoke the Permits in order to abate the unlawful development. 18.230.070 Stop -Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop -order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 12 '1DC 18.230.070.B.1 is the sole reference to permit revocation in the TDC and states that revocation hearings are to proceed pursuant to 'IDC 18.380.050. The City has initiated this hearing for revocation of the Permit as a Type III proceeding under '1'DC 18.390.050, m accord with the direction of 'MC 18.230. FINDING: 'IDC 18.230.060 provides for the abatement, by any appropriate proceeding, of any unlawful development. 'IUC 18.230.070.B provides that permit revocation hearings are to proceed pursuant to the procedures of 18.390.050. The Permits allow for the Signs, which are in excess of the maximum size standards of the 1DC. The Signs are development. Therefore, the Signs, as allowed by the Permits constitute unlawful development. The revocation of the Permits will achieve abatement of the unlawful development. Deacon has been provided with notice of this proceedin to initiated the Permits, which was itiated by the City pursuant to '1DC 18.390.050. The hearing before the Hearings Officer provides a forum for Deacon to present any evidence to an unbiased decision - maker. Therefore, the City is authorized by 'lUC 18.230.060 to undertake this revocation process pursuant to 1DC 18.390.050, which is an appropriate proceeding to achieve abatement of unlawful development. B. LAND USE DECISIONS 18.390 - Decision Making Procedures 18.390.050 Type III Procedure A. Preapplication conference. A preapplication conference is required for all Type III actions. A pre - application conference was held on March 5, 2010, the notes from which are included herein as Exhibit 5. B. Application requirements. 1. Application forms. Type III applications shall be made on forms provided by the Director. The City submitted an application on the applicable form. The application form and accompanying materials are included herein as Exhibit 6. 2. Content. Type III applications shall: a. Include the information requested on the form; The City's application includes all information requested on the form (Exhibit 6). b. Address the relevant criteria in sufficient detail for review and action; The City's application addresses each of the relevant criteria in sufficient detail for review (Exhibit 6). c. Be accompanied by the required fee; The City has waived the application fee. d. Include two pre - stamped, re- 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 The applicant shall demonstrate that the most current assessment record have been used to produce the notice list. The City has paid all expenses associated with provision of notice to all property owners of record. The most current assessment records were used to determine the owners of record. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS NIIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 12 e. Include an impact study. The impact study shall qualify the effect of the development on public facilities and serv 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 the 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 roperty dedication requirement is not a roughly - proportional to the projected impacts of development. The requested revocation of the Permits will not result in any new development that has an impact on the City's transportation, drainage, parks, water, or sewer systems. The requested revocation of the Permits not result in any development that creates noise. Therefore, no impact study is associated with the application. C. Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal Hearing or Type III hearing shall be P given by the Director in the following �P g YP hearing wing manner. a. At least 20 prior s rior to the hearing date, notice shall be sent by mail to: 1. The applicant and all owners or contract purchasers of record of the site which is the subject of the application; On May 3, 2010, 21 days before the hearing, the City provided the required notice to Deacon Development Group and Triangle Pointe LLC, the owners of the site. A list of all parties receiving notice is included herein as Exhibit 7. 2. All property owners of record within 500 feet of the site; On May 3, 2010, 21 days before the hearing, the City provided the required notice to all property owners of record within 500 feet of the site (Exhibit 7). 3. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; On May 3, 2010, 21 days before the Type III hearing, the City provided notice to the following governmental agencies: Oregon Department of Transportation. 4. Any City- recognized neighborhood group whose boundaries include the site; The site is located within the boundaries of the East City - recognized neighborhood group. 5. A person who has submitted a written request, and who has paid a fee established by the City Council; and No written requests for notice have been received by the City for the subject action. 6. In actions involving appeals, the appellant and all parties to the appeal. This standard is not applicable. b. The Director shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties; The file contains the required affidavit of mailing notice of the public hearing on May24, 2010. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS NIIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 12 c. At least ten business days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the City. An affidavit of publication concerning such notice shall be made part of the administrative record; On May 6, 2010, at least 10 business days prior to the hearing, the City provided notice of the May 24, 2010 public hearing in the Tigard Times Newspaper. C. ZONING DISTRICTS Commercial Zoning Districts (Chapter 18.520) Lists the description of the Commercial Zoning Districts. 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. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including ajor retail goods and services, business /professional offices civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park- and -ride lots, are m ennitted conditionally. Although it is recognized that the automobile will accommodate the vast ajority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. The subject site is located at 13333 SW 68th Parkway in the Tigard Triangle and is zoned Mixed Use Employment (MUE). D. COMMUNITY PLAN AREA STANDARDS Tigard Triangle Design Standards (Chapter 18.620) 18.620.050 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: 1. Zoning district regulations - Residential only developments within the C-G and MUE zones shall meet the sign requirements for the R -25 zone 18.780.130B; non - residential developments within the C-G zone shall meet the sign requirements for the commercial zones, 18.780.130C; and nonresidential development within the MUE zone shall meet the sign requirements of the C-P zone, 18.780.130D. 2. Sign area limits - The maximum sign area limits found in 18.780.130 shall not be exceeded. No area limit increases will be permitted within the Tigard Triangle. 3. Height limits - The maximum height limit for all sins except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sign is located. No height increases will be permitted within the Tigard Triangle. 4. Sign location - Freestanding signs within the Tigard Triangle shall not be permitted within required L -1 landscape areas. The site is located in the Tigard Triangle and therefore, subject to Tigard Triangle Design Standards at 18.620. As a commercially developed property in the 1 zone, the site is subject to the sign requirements of the C-P zone, 18.780.130D, m addition to other applicable requirements of Chapter 18.780, pursuant to 18.620.050.1. The maximum sign area limits found in 18.780.130 shall not be exceeded and no area limit increases will be permitted within the Tigard Triangle. 18.620.050.2. Wall signs shall not extend above the roof line of the wall on which the sign is located. 18.620.050.3. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 12 C. Compliance with State Building Code. Separate structural permits under the State Building Code shall also apply. Deacon did not apply for, nor did the City Building Division issue any building permits in association with the Signs. The City would require a structural permit for sign attachment inducing connection details and g �' .e q P gg g seismic calculations as applicable per chapter 16 of the Oregon Structural Specialty Code (OSSC) and chapter 13 of the American Society of Civi_ Engineering (ASG) 7 -05. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. Each of the Signs appear to be directly illuminated by external lights. However, Deacon has not applied for, nor has the City granted any electrical peiints associated with the electrical work required to illuminate the Signs. The City would require electrical permits for any addition or alteration of electrical circuits. This permit could typically be obtained by an electrical contractor by fax, mail in, or in person based on the scope of work. Plan review would not typically be required for this type of permit. FINDING: 'l'DC 18.780.020.D requires electrical permits to be obtained for all illuminated signs. The Signs are directly illuminated by external lights and therefore, are subject to the 'l 18.780.020.D electrical permit requirement. No electrical permits have been applied for or issued in association with the Signs. Therefore, the Signs are m violation of '1DC 18.780.020.D. E. Retroactive sign permits. The Director may require application for sign permits for all signage This provision is not applicable to the proposed revocation and voidance of the Permits. 18.780.085 Sign Measurement B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; The Signs do not include a cabinet but are tension membranes suspended from a perimeter cable fixed at the corners to the building. The perimeter of the measurable area is defined by the edge of the vinyl sign face. b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; The Signs include printed text and logos on vinyl. This standard does not apply. 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs A. Conformance required. All signs erected after the effective date of this title which are in violation of any provisions of this chapter, shall be removed or brought into conformance upon written notice by the Director. As defined in 18.780.120 the Signs are not considered "nonconforming" and therefore are not subject to the removal provisions of this section. 18.780.130 Zoning District Regulations D. In the C-P zone. No sign shall be permitted in the C-P zone except for the following: 2. Wall signs shall have certain limitations and conditions when permitted on properties zoned C- P including: a. Wall signs, including illuminated reader - boards, 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, REVOCATION & VOIDANCE OF TRIANGLE POINI'E SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 12 The Permits allow for three wall signs to be mounted on the site that are each 800 square feet with dimension 25' x 32'. Consistent with the permit, Deacon has mounted three wall signs on the site, each 800 square feet with dimension 25' x 32'. However, the permitted and mounted signs all exceed 5% of the wall faces that the respective Signs are mounted to. • As stated above, the term "wall face" is undefined by the 'UDC. The City interprets the term "wall face ", as used in TDC 18.780.130.D.2.a, to mean the wall face on which the sign is to be mounted, including the area of wall faces that are proximate and structurally connected parallel planes. Here, each of the proposed Signs are mounted on a wall face that is separated by an approximately 6 -foot setback (proximate) to two parallel planes that are structurally connected (Exhibit 2). Each "wall face ", consisting of the total area of the three parallel planes is approximately 4,000 square feet. Pursuant to TDC 18.780.130.D.2.a, the maximum sized wall sign can be 5% of the gross area of the 4,000 square foot wall, or approximately 200 square feet. The precise maximum size of the sign will require elevation drawings to scale from which measurements of the faces can be made. Deacon submitted permit application materials which include a letter from Kendra Howell dated July 7, 2009, which explains the manner in which Deacon determined the area of a "wall face" under '11)C 18.780.130.D.2.a, for purposes of calculating the maximum allowable size of the proposed wall signs (Exhibit 2). This letter states that "because of the broken up facade of the existing louilding, we are considering the building a 3 -sided building, which is how the louilding is viewed from a distance," and attributes the method o: calculation to feedback from Gary Pagenstecher, Associate Planner for the City. By calculating the "wall face" as one third of the surface area of the entire building facade, Deacon includes wall faces that are neither proximate, structurally connected or parallel to the wall face upon which the Signs are mounted. Deacon's method of calculation results in a far greater area being considered a single "wall face" than is consistent with the City's interpretation of the code, which in turn results in the permit application material representing that the maximum allowable wall sign is 800 square feet, as opposed to the 200 square loot maximum sign size actually allowable under '1 18.780.130.15.2.a. During the pre- application meeting with Deacon, Mr. Pagenstecher made no representations as to the City's interpretation of the term "wall face" or the method of determining what portion of the Triangle Pointe Building's facade constitutes a single "wall face ". The affidavit of Gary Pagenstecher is included herein as Exhibit 8. FINDING: The term "wall face" is undefined by the TDC, and the City has a past practice of validly interpretin the term to mean the wall face on which the sign is to be mounted, including the area of faces that are proximate and structurally connected parallel planes. The "as viewed from a distance" method of calculating what constitutes a single wall face, as enumerated in the letter from Kendra Howell included in' the permit application materials submitted by Deacon, is inconsistent with TDC 18.780.130.D.2.a. As issued, the Permits allow for wall signs of a size that violates the maximum size provisions of "1'DC 18.780.130.D.2.a. The Signs mounted to the Triangle Pointe Building subsequent to the site are in violation of TDC 18.780.130.D.2.a. b. Wall signs shall be parallel to the face of the building upon which the sign is located, and Each of the signs are parallel to the face of the building upon which it is mounted. c. If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos and letters; This standard is not applicable to the current proceeding for revocation and voidance of the Permits. REVOCATION & VOIDANC'E OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 12 ANALYSIS: Deacon's application materials misconstrue the TDC and include non - parallel planes as a single "wall face" for the purpose of determining the maximum permitted size of a wall sign in the MUE zone pursuant to 1'DC 18.780.130.D.2.a. As a result, the permit application proposed wall signs that are significantly in excess of the maximum size allowed under the 'I'DL Because the Permits were granted based on the representations made by Deacon in the application • materials, the Permits allow for wall signs of a size in excess of the maximum size permitted - by 'l'DC 18.780.130.D.2.a. Therefore, the Permits were issued in violation of the '1DC. As explained herein, the City is authorized to make void under'1UC 18.210.070.B, permits issued in violation of the "1'DC. Because the Signs are in excess of the maximum allowed size under the TDC, they are unlawful development, even though consistent with the Permits. The City has the authority to abate, through appropnate proceedings, any unlawful development pursuant to 18.230.060. The current process for revocation appropnate because revocation of the Permits will abate the unlawful use, and the process follows the direction of '1'DC 18.230.070.B.1 that revocation hearings be held pursuant to '1DC 18.390.050. The City has initiated this proceeding, requesting that the Hearings Officer find that the Permits were issued in violation of the '1'C and to hereby revoke and make void the Permits. CONCLUSION: Sign permits SGN2009- 00161, SGN2009- 00162, & SGN2009 -00163 were each issued in violation of the 1 and should therefore be revoked and made void by the Hearings Officer. SECTION VII. OTHER STAFF COMMENTS The City Building Official provided comments indicating when building and electrical permits and inspections for signs are required, which have been incorporated in the findings on page 9, above. SECTION VIII. AGENCY COMMENTS City of Lake Oswego was notified but did not provide comment. Oregon Department of Transportation (ODOT), Right -of -Way Section, commented in a letter to the City dated March 26, 2010 that under the Oregon Motorist Information Act, ODOT has authority to regulate signs visible from a state highway. ODOT determined that the south - facing sign, visible from both Hwy 217 and I - 5, was in violation as an "outdoor advertising sign" that exceeded the size limits and required a permit. ODOT stated it would be issuing its second notice of violation for the subject "hamburger' sign. EXHIBITS: A. Triangle Pointe Building Sign Permits SGN2009- 00161, SGN2009 - 00162 & SGN2009 00163. B. Permit applications and accompanying materials submitted by Deacon. C. Affidavit of Kristie Peerman, Planning Permit Technician. D. Communications between the City and Deacon regarding the potential for Deacon to voluntarily bring the Signs into compliance with the '1'DC. E. Pre - application conference notes held on March 5, 2010. F. City's application and accompanying material for a Type III application review. G. List of all parties receiving notice of the public hearing. H Affidavit of Gary Pagenstecher, Associate Planner. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE I IEARINGS OFFICER PAGE 11 OF 12 l Gary PREPARE BY: Pa enstecher f May 17, 2010 DA'ZE Associate Planner 0 & May 17, 2010 V IEWED BY: Rona Bunch DA'Z'E Director of Community Development Director REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC I TEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 12 OF 12 �� w I „ -1 r ■�� T�] �� "� VICINITY MAP 1 I , �� e • . r REVOCATION AND III I . i I�� MN �� im.sIAgi Nom®IN VOIDANCE OF TRIANGLE 1 1 • .I h:n� r� .1 ■tralli a! sr' ■�� .� ■ ® �� r POINTE SIGN PERMITS HAM' T{? - ST S � - , . _1 No irm m om �''�� w_........, __...._.........,... . r s1 mor �■ •■ = tz �� ,r 1 , . - , o lw.ra I sail 'Nat �� f �� Subject Site • li . \ 1 r' re; �� 4 iL' �., r�I ( _ �[• �� "Pia �� Y�. �..� r {'.. • ar- \ qty \ ti „A i ' i er+r n ?r r S � � *'+ 217 , �tt99 L. I ■ `'. \`. �� 3 �^+ A 5 1 1 _ j , I •4 . \� �`� fir. f {' l l ,'., ` \ r �� 5 ,, ,;1001, � � t 1`i • j 1M ii t 5 • Ir \ +- X./ I , i `' t { ° � � x 6gvl 4 ' 1/ r T * i i, H� 1 � ;. -0 I _ -� � \ l �' e - /// �' R �'� `''- Information on this map Is for general location -- � / , , , -• : only and should be verified with the Development 1 } h j i Services Division. ,�„` tt j ? . - "6 Scale 1:8,000 - 1 in = 667 ft . ,_ Map printed at 08:43 AM on 28- Apr -10 11 I — 1 { ' ' - - ~ r - ' ; - - DATA IS DERIVED FROM MULTIPLE SOURCES. THE CRY OF TIGARD • \ I ! '1 � MAKES NO WARRANTY, DED HER EREPRESENTATION TIGAR OR D GUA RANTEE SHALL ASSUME NO AS TO THE H . 1 � ' I ', Iii / - 1 CONTENT , ACCURACY, TIMIN THE CITY OELINESSORCOF MPLE T• } ; I {, I I - / . ; ` _ / LIABILITY FOR ANY ERRORS OMISSIONS OR INACCURACIES I T • INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. !if.; r ) City of Tigard 3 W Hall Blvd • i I .. ...._.— ! 1125 S Feet ^ ' i ' _ 4_.:„ < I .... �� I � Ti503 9 9 -41711 97223 I _ .-- n s 0 10 00 l r , .:. �� www.ti and or. ov RD . ..,t1-IIBIT B Q1, SIGN PE ,EMIT - PTILICATI • .. City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 . F Phone: 503.639.4171 Fax: 503.598.1960 e . GENERAL INFORMATION ' 1I41 i 'vo 1 ? , Name of Development /Project I FOR STAFF .+ TA y FF USE ONLY lei AL� ` or , �% Site r1 67 -6 --:?J i (e Address / Street Address Permit No.: Location I ' 5 _ ‘6 W 44'. ' Expiration Date: Sutte /13Idg. # City/State Zip n& (4 i 0 r.. C Z. :2-6 Receipt #: (— ` 'f O Name Approved By: k 3 p Property f e00 4i F v ►mil t � °1 / Date: 1/7 `1 f Owner Mailing Address Suite Map /TL #: • 1 '5 ,,` �-c� �� y� � (US�� S'r Zoning: A City/State Zip Phone 5 , 1 &�i 1 • 2 O� O 0t 4123 1 Electrical Permit Required? ❑ Yes P"flo Tenant or Name Business ri l 4.• Building Permit Required? ❑ Yes E.-KO Name Rev. 7/ is \ cumin \ masters \land use applications \ sign permit app.doc Sign Mod 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 be accepted required if without the required submittal elements) expired in the Oregon Coast. Cont. Board license # lap. Date City of Tigard's database) ❑ Completed Application Form Proposed ❑ Permanent ❑ Freestanding ❑ Freeway p 2 Copies of Site /Plot Plan, Drawn to Scale Sign ❑ 'Temporar ! Wall ❑ Electronic (3 copies, if a building permit is required) (Check all that apply) El Other li Billboard ❑ Balloon size requirement: 81/2" x 11 ", or 11" x 17" g New sign? p Alter to existing sign? ❑ 2 copies of elevations, drawn to scale Sign Dimensions:o5)e 50_ (3 copies, if a building permit is required) size requirement: 8 /a" x 11 ", to 24" x 36" Total Sign Area (sq. ft.): 8� f ill $40.00 Fee (Permanent sign, any size) .Total Wall Area (sq. ft.) Sign Data (6) 10(61 o 1 f3 Thdo ', t 8 (, 0 $19.00 Fee (Temporary sign, any type) (Complete all Direction Wall Faces (circle one' : items in this NOTES: section) OC) E 0 NE NW SE SW Height to top of sign (feet): 55' o Wall signs do not need to be drawn to scale, but Projection From Wall (inches): 0 must include dimensions of wall face and sign Copy: L-146/0+0, tQo I F placement. Materials: A o Wall signs do not require site /plot plans. I'f�' I� iC,A - 6L,, \/114 'IL- e Freestanding signs over 6 ft. required a building Will sign have illumination? ❑ Yes Q No permit. Type: ❑ Internal -❑ Exte nal s 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 N 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 : ti +'' 9 , 20 t , . Signature of wner /Agent} • Contact Person Name Phone No. • __ CITY OF TIGARD RECEIPT i 13125 SW Hall Blvd., Tigard OR 97223 ' 503.639.4171 EIG eRD Receipt Number: 174264 e 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 'l° -•{',.,L..-�:.. lam- :v:. tketY eg 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 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, �; / f , b / • 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 I .''• -''- -. ..... ,. .., ... . ..._ .,� � . ._. :. _,.i ti... ..,. ,. . ..,,.. tom. ._ •:>. 3r .54s�.,fY,� :�s �'`.i Main Building • Avg. Height: 51 Width: 268 13668 4th Floor Avg. Height: 13 Width: 194 2522 16190 809.5 EX 1L .TC AFFIDAVIT OF KRISTIE PEERMAN RE: Planning Technician Review of Application Materials for Sign Permits SGN2009- 00161, SGN2009- 00162, & SGN2009 -00163 STATE OF OREGON 1, ) ss. County of C camas ) }� Y kt,h' k. h I, Kristie Peerman, being first duly sworn, depose and say: 1. I am an employee of the City of Tigard ( "City "). My position is a Permit Technician in the City's Community Development Department. 2. On July 7, 2009, the application packets for permits for three wall signs on the Triangle Pointe Building, located at 13333 SW 68 Parkway, Tigard, OR 97223 were submitted by Kendra Howell. I received the permit applications at the counter in the City Permit Center. • 3. The City's policy is to provide a same day level of service for the review of sign permit applications. In accordance with the City's policy, I reviewed the sign permit application packets submitted by Kendra Howell at the time of receipt at the counter. Based on the information and representations in the application packets, and from my concurrent conversation with Kendra Howell, I understood the size of the proposed wall signs to be in accord with the TDC, and therefore approved the sign permit applications on the spot. 4. Each sign permit application packet consisted of graphic representations and calculations of the dimensions of the proposed signs. Each application proposed three wall signs, each a total of 800 square feet, and dimensions of 25 feet by 32 feet. Each sign permit application packet contained a calculation of the manner in which the applicant had applied the Community Development Code to the site characteristics in order to arrive at the proposed size of the wall signs. 5. The graphic representations in each sign permit application packet were identical, except that one of the packets was in color and the other two were in black and white. 6. Printed on the sign permit application is the wording "wall signs are not required to be drawn to scale, but must include dimensions of wall face and sign placement." Also, "wall signs do not require site /plot plans." Many wall signs do come in not drawn to scale. A number of applications come in hand drawn and not to scale, or photocopied and the scale becomes Page 1 — AFFIDAVIT OF KRISTIE PEERMAN reduced. We based our approval on the dimension given to us by the applicant on the application. That has been the City's practice on issuing wall signs. 7. I made my decision to approve and issue the sign permits in reliance on the sign and wall dimensions listed on the applicant's sign permit application, the dimensions listed on the "Square Footage of Triangle Pointe Wall Signs" dated June 26, 2009, and the July 7, 2009 letter from Deacon Development regarding the method of calculation of the wall signage based upon feedback from Gary Pagenstecher at the Pre - Application meeting (it is to be considered a three -sided building). All of the aforementioned information was included in the sign permit application packets. 8. I did not inspect the installed signs to verify consistency with permits because City policy does not include field inspections of installed signs. 9. On or about November 6, 2009, the City received a complaint about the size of at least one of the signs on the Triangle Pointe Building. In response to the complaint, I went out to the Triangle Pointe Building to inspect the signs. I was shocked to see an 800 square foot sign on such a small wall face. The dimensions of the actual wall sign and wall face were not what I had understood to have been reviewing and approving based on the application packets submitted on July 7, 2009. I was expecting to see a sign on a 16000+ wall as stated on the sign permit application. Dated this 1 I day of M 4 y 2010. Kristie Peerman Itt Subscribed and sworn to before me this I day of 1,6641 1 , 2010. t�. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUIBLIC FOR OR,EGQN ,r/ NOTARY PUBLIC - ORE!ON My Commission Expires if �- -- / / COMMISSION NO. 418777 MY COMMISSION EXPIRES APRIL 25, 2041 Page 2 — AFFIDAVIT OF KRISTIE PEERMAN EXHIBIT D 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 @wkellington.com 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 facade 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 ODOT 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, 2010 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 ington ' WLK:wlk Enclosures CC: Steve Deacon Kendra Howell Tim Ramis, Esq. • aa,Y ai III ,: o „yr. a Y 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 1'DC 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 (TDC18210.030.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 nor 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, f 2'62/14J Fti/V4t7 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 • www.tigard- or.gov F.2 ` A f§ Ni _ r r Y, 7 1 January 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 68 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 clear about our understanding of the code 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: i 13125 SW Hall Blvd. ® Tigard, Oregon 97223 © 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard - or.gov O The City contacted Deacon Development on November 13 to discuss bringing the signs into compliance with the applicable development code standards within the existing permits. O On December 4` 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 "). O On December 9` 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). • On December 21" and 23` 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. o 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, i'PV ' 0 111/1fr(1 Ron Bunch Community Development Director C: Craig Prosser, City Manager IN December 24, 2009 :v 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 4th, 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. ® Tigard, Oregon 97223 O 503.639.4171 TTY Relay: 503.684.2772 ® www.tigard- or.gov 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 ou have any questions regarding this matter. y q g g tte r. 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 EXHIBIT E 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 Glisan Street, Suite 100, Portland, OR 97232 PROPERTY LOCATION: 13333 SW 68 Parkway, Tigard, OR 97223 TAX MAP/ LOT #'s: 2S 101 DA00104 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 tunes 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 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) EXHIBIT F ,,_ • . CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION Cit of Ti Pe»rit Center 13125 SW Hall Blul, Tigard, OR 97223 Phone 503.639.4171 Fax: 503.598.1960 File # Other Case # Date By Receipt # Fee . Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment /Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Development Code Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) Eg I ; f kuonSr'cter,f,'o,, ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR (Address if available) TAX / 33 (9 3 � ff 3 I ckc..ga� / 2 %t Of ?7 a V TOTAL SITE SIZE ZONING CLASSIFICATION . g y9 Alai A UE APPLICANT: . CV MAILING ADDRESS /QTY /STE /ZIP J _ Arcl ( 1 3 /0L5 S Lv NA f/ &Id Th OR 17d•�3 PHONE NO. FAX N� Sco3 6'3.. L/i 7� VVV PRIMARY CONTACT PERSON PHONE NO. PROPERTY OWNER/DEED HO ER (Attach list if more than one) D art 4e ve/lo /rove MAILING ADDRESS/QIY/STATE /ZIP S/ Portla4 0/ /fiE /Sah SSiit MO OR q70)...), PHONE NO. FAX NO. " 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) keconsi (1.6 01 Of /SS V4 5 i5.■ 0.164 / APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is \curpin \ masters \land use applications \land use permit app.doc 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. EXHIBIT G , AFFIDAVIT OF MAILING OfpN 2 . • I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: ra Hauck Appn,pdm iio..(,�IkIo f NOTICE OF PUBLIC HEARING FOR MIS2010- 00001 /REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS (File No . /None Reference) Q AMENDED NOTICE HEARING BODY: HEARING DATE : ❑ City of Tigard Planning Director • Tigard Hearings Officer (5/24/2010) ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit " A" , and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on May 3, 2010, and depos the United- - Mail on May 3, 2010, postage prepaid. j 7j (Person that P -.are once) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of , 2010. NOTARY PUBLIC OF OREGON My Commission Expires: • NOTICE TO MORTGAGE! TENFIOLDER, VENDOR OR I .FR: THE TIGARD DEVF.TOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, a0 IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER EXHIBIT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY MAY 24, 2010 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: MISCELLANEOUS (MIS) 2010 -00001 FILE TITLE: REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS APPLICANT: City of Tigard OWNER: Deacon Development Group 13125 SW Hall Blvd. 901 NE Glisan Street, Suite 100 Tigard, OR 97223 Portland, OR 97232 PROPOSAL: The City proposes 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. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi - family housing 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, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL IN 1ERPRE'1'ERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 2438 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITIEN 1 ESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL 'TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVI 1E BOTH ORAL AND WRI LIEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE • IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE - NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25C) PER PAGE, OR THE CURRENT RA'Z'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25C) PER PAGE, OR THE CURRENT RAPE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER, ASSOCIATE PLANNER AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E -MAIL TO garyp @tigard- or.gov. Subject I hi ` 1 -C -' r i I i- i- _ I r r I , - it 4 - ! - t. eti.� _ 5 - - kl*'i 7 MIS2010 -00001 VICINITY MAP \ _ _ � � ' � ' "- ' ! ta!a T -r - ' � ! "'. I L � 1 - e ' RECONSIDERATION OF • \ .. —'-� !i 1 ;--=1----ii u � .,- •r L " ._,j„ TRIANGLE POINTS SIGN 1 I II _L _ �._� I I � T • 1 �� PERMITS -.- -. -•... '- ..h r I ' _' '- c • ( ... . . NUAt \ 1 I '� _ 1 t l � r _ • �. \ I � '-'�' Subject Cite y - j ` F -Ji..._ � ! J F''L_ : � � ` 1 ` ar c' - nen S, v<. � � \ 1.,1311—L ,p,.s. , - 1 - 7 '::, \ s:::::.' fi -"::::\ ` \\ 7 ,---7- 4 '-- . 1 ! ;:,,. '.,':: ../ . ,-. , ! . J 11 r i� �. I -_�` ( ` /.'-''� :.ice -- .1,=wea:ent . _ : o f \S 1 I- \' i ,i z rr --- -_. Fee; ! I{ `� V/ c ;ca. - . -- -.II � II f � .'— ,m4boWSRO,1-` °rda� Triangle Pointe LLC MIS2010 -00001 901 NE Glisan Street # 100 RECONSIDERATION OF TRIANGLE Portland, OR 97232 POINTE SIGN PERMITS Deacon Development Group XH I IT (,� 901 NE Glisan Street, Suite 100 �� --- --- . Portland, OR 97232 ODOT RIGHT -OF -WAY SECTION 355 CAPITOL STREET NE, ROOM 420 SALEM, OR 97301 -3871 101DA000 2S101DA01700 NELSON VIAL LLC 7000 SW VARNS PORTLAND, OR 97223 • 101DA000 0 2 01DA01901. NEL`'N • LLC 7001 :01 ARNS •dRTLANI, t1R 97223 • 2S101DA00105 2S101DA00101 BRE /HV PROPERTIES LLC PACIFIC NW PROPERTIES LIMITED PA TAX DEPTARTMENT STERN FAMILY LIMITED PARTNERSHIP & EXTENDED STAY HOTELS STERN, HELEN R REV TRUST 100 DUNBAR ST 6600 SW 105TH AVE #175 SPARTANBURG, SC 29306 BEAVERTON, OR 97008 21E06 01300 :-101 DA00100 CENTERPOINTE OWNERS ASSOC PA • C NW PROP. RTIES LIMITED PA 1 SW COLUMBIA #1212 STERN •.MILY ITED PARTNERSHIP & PORTLAND, 97258 STERN, H • R REV TRUST 6600 - ∎ #175 :' • VERTON, OR 97008 2S101DA01100 2S101DA01600 CHINOOK INVESTMENT COMPANY PACIFIC PLAZA FIR LOOP LLC 25 NW 23RD PL STE 6 7140 SW FIR LOOP #220 BOX 454 PORTLAND, OR 97223 PORTLAND, OR 97210 2S101DA01500 2S101AD03200 DHS LLC PACIFIC REALTY ASSOCIATES 15 OAKWOOD AVE ATTN: N PIVEN NORWALK, CT 06850 15350 SW SEQUOIA PKWY #300 PORTLAND, OR 97224 2S101DA00103 2 101AD03500 GK TRIANGLE CORPORATE PARK III L PAC REA ASSOCIATES BY KBS REALTY ADVISORS ATTN: N > -•vEN C/O THOMSON REUTERS INC 153 .0 W S • OIA PKWY #300 PO BOX 130174 Pi TLAND, OR 17224 CARLSBAD, CA 92013 101DA00102 2S101DD00100 GK "TANGLE ORPORATE PARK III L PAPE, SHIRLEY N & BY KB * ' TY ADVISORS TOOKE, DIAN P & C/O T . `∎N REUTERS INC PAPE, TERRANCE E PO :•X 1301 355 GOODPASTURE ISLAND RD C' RLSBAD, CA 92013 EUGENE, OR 97440 2S101DD00500 2S101DA01000 HOFF, CHARLES V & PARAGON INVESTMENTS LLC FRENCH, WILLIAM P 7100 SW FIR LP 6755 SW SANDBURG ST TIGARD, OR 97223 TIGARD, OR 97223 2S101AC01600 2S101DA02100 NEIMEYER, JOHN SORGENTE PROPERTIES LLC 15 82ND DR STE 210 6960 SW VARNS ST GLADSTONE, OR 97027 TIGARD, OR 97223 21E06 00400 TEMPLE CORP LATTER DAY STS 50 E NORTH ST #22 SALT LAKE CITY, 84150 2S101DD00400 TOC MANAGEMENT SERVICES INC 6825 SW SANDBERG ST TIGARD, OR 97223 2S101DA00104 TRIANGLE POINTE LLC 901 NE GLISAN ST #100 PORTLAND, OR 97232 2S101D300901 VARNS CORNER LLC 7000 SW VARNS PORTLAND, OR 97223 2S101DA00800 VARNS STREET II LLC 7105 SW VARNS ST PORTLAND, OR 97223 2S101DA02000 WEST COAST LUMBER • INSPECTION BUREAU INC 6980 SW VARNS PORTLAND, OR 97223 2S101DD00600 WESTERN FAMILY HOLDING INC PO BOX 4057 PORTLAND, OR 97208 2S101AD03100 WESTON INVESTMENT CO 2154 NE BROADWAY PORTLAND, OR 97232 2S101DA00900 WESTON INVESTMENT CO LLC 2154 NE BROADWAY, STE 200 PORTLAND, OR 97232 101DD001•1 WE' 0 ESTMENT CO LLC 215 s'OADWAY, STE 200 '•IRTLAND, JR 97232 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke . 11250 SW 82 Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 -6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD e EAST INTERESTED PARTIES (i: \curpin \setup \labels \CIT East.doc) UPDATED: 28- Sep -09 EXHIBIT G iiii u . Y4� City of Tigard r ,: T7 GrARD. REQUEST FOR COMMENTS DATE: March 12. 2010 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher, Associate Planner Phone: (503) 718 -2434 Fax: (503) 718 -2748 Email: garyp @tigard - or.gov MISCELLANEOUS (MIS) 2010 -00001 - RECONSIDERATION OF TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to reconsider the validity of 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. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goo s and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park - and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. Attached are the Site Plan, Vicinity Map and Applicant's Statement /Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 26, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — Please contact of our office. Please refer to the enclosed letter. Written comments provided below: — Name & Number of Person(s) Commenting: rITY OF TIGARD REQUEST FOP COMMENTS �' 575 NOTIFIC, .1N LIST FOR LAND USE & COMMUNITY L . CLOPMENT APPLICATIONS . FILE NOS.: 1,4J(S),O /C1 -- % .�d J' FILE NAME: ' ` M 2.C1d 7'iCr J a b V�1 II il) au: / CITY OFFICES `7 t / C.D. ADMINISTRATION /Ron Bunch, CD Director X DEVELOPMENT SERVICES /Gus Duenas, Development Engineer _ PUBLIC WORKS /Brian Rager, Assistant PW Director 4 C.D. ADMINISTRATION /Susan Hartnett, Asst. CD Director _ DEVELOPMENT SERVICES/Todd Prager, Assoc. Planner /Arborist _ PUBLIC WORKS /Steve Martin, Parks Manager _ CITY ADMINISTRATION /Cathy Wheatley, City Recorder _ BUILDING DIVISION /Mark Vandomelen, Building Official PUBLIC WORKS/Ted Kyle, City Engineer _ DEVELOPMENT SERVICES /Planning- Engineering Techs. _ POLICE DEPARTMENT /Jim Wolf, Crime Prevention Officer ?. HEARINGS OFFICER ( +2 sets) LONG RANGE PLANNING /Christine Darnell, Code Compliance Specialist (DCA) _ PLANNING COMMISSION ( +12 sets) t X FILE /REFERENCE ( +2 sets) SPECIAL DISTRICTS _ TUAL. HILLS PARK & REC. DIST.*_ TUALATIN VALLEY FIRE & RESCUE * TUALATIN VALLEY WATER DISTRICT * _ CLEAN WATER SERVICES * Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall 1850 SW 170 Avenue David Schweitzer /SWM Program Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97006 2550 SW Hillsboro Highway Beaverton, OR 97005 -1152 Hillsboro, OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks, Dev. Svcs. Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301 -1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING * _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 City Manager Portland, OR 97232 -2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. _ Joanna Mensher, Data Resource Center (ZCA) _ US ARMY CORPS. OF ENG. Durham, OR 97224 Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps s cws Letter Only) _ O. Gerald Uba, Ph.D., (CPNDCNZON) Mara Ulloa (Comp. Plan Amendments & Measure 37) Routing CENWP -OP -G _ CITY OF KING CITY 11t 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager Salem, OR 97301 -2540 Portland, OR 97208 -2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY _ OR. DEPT. OF ENERGY (Powerlines in Area) _ OR. DEPT OF AVIATION (Monopole Towers) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Planning 155 N. First Avenue /CITY OF LAKE OSWEGO * Routing TTRC – Attn: Renae Ferrera 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Portland, OR 97208 -3621 _ Naomi Vogel- Beattie (General Apps Lake Oswego, OR 97034 _ Planning Division (zCA) MS 14 _ OR.DEPT.OF ENVIRON.QUALITY (DEQ) ODOT, REGION 1 * _ Brent Curtis (CPA) _ CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _ Development Review Coordinator _ Doria Mateja (zcA) Ms 14 Planning Bureau Director Regional Administrator _ Carl Torland, Right -of -Way Section (vacations) _ Sr.Cartographer (cPAcCA)MS la 1900 SW 4 Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim Nims, Sureyor(ICA) MS 15 Portland, OR 97201 Portland, OR 97201 -4987 Portland, OR 97209 -4037 •_ OR. PARKS & REC. DEPT. _ WA.CO.CONSOL. COMM.AGNCY 4' ODOT, REGION 1 - DISTRICT 2A *."., ODOT, RAIL DIVISION STATE HISTORIC Dave Austin (wcccA) "911 "(MOnepa. To..ers Chad Gordon, Assistant District Manager (Notify if ODOT R/R-Hwy. Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road ,. 1 � " Dave Lanning, Sr. Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton, OR 97007 -0375 Portland, OR 97221 ; ;a l,. . i, 555 -13 Street, NE, Suite 3 725 Sumner Street NE, Suite C 1 oj ° Salem, OR 97301 -4179 Salem, OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _ PORTLAND WESTERN R/R, BURLINGTON NORTHERN /SANTA FE R/R, OREGON ELECTRIC R/R (Burlington Northern /Santa Fe R/R Predecessor) Bruce Carswell, President & General Manager 200 Hawthorne Avenue SE, Suite C320 Salem, OR 97301 -5294 . _ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS _ COMCAST CABLE CORP. _ TRI -MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations Only) Gerald Backhaus (see Map for Area contact) (If Project is Within % Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S -6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006 -4886 Portland, OR 97232 — PORTLAND GENERAL ELECTRIC — NW NATURAL GAS COMPANY _ VERIZON _ QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer, Engineering Coord. John Cousineau, OSP Network Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209 -3991 Beaverton, OR 97005 Portland, OR 97219 TIGARD /TUALATIN SCHOOL DIST. #23J_ BEAVERTON SCHOOL DIST. #48 _ COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC. Teri Brady, Administrative Offices Jennifer Garland, Demographics Alex Silantiev (see Map to Area Conlao) Brian Every (Appee.a Name cow) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223 -8039 Beaverton, OR 97006 -5152 Beaverton, OR 97008 Tigard, OR 97223 -4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00' OF THE SUBJECT PROPERTY FOR ANY /ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h: \patty\masters \Request For Comments Notification List.doc (UPDATED: 8 - Mar - 10) (Also update: is \curpin1 setup \ labels \annexations \annexation _utilities and franchises.doc, mailing labels & auto text when updating this document) • D ,, �,� , 355 Capitol Street NE, Room ..ii Theodore R Kulonguslo, Governor Salem, OR 97301-3871 503- 986 -3600 Fax 503- 986 -3625 January 8, 2009 CERTIFIED & REGULAR MAIL Icon Groupe LLC Deacon Development Group, LLC 1941 1st Ave S 901 NE Glisan Suite 3A #100 Seattle WA 98134 Portland OR 97232 Re: NOTICE OF VIOLATION & ORDER OF REMOVAL - Outdoor Advertising Sign Washington County, US Route 1 -5 West side, Hwy 001, Approximate Milepoint 292.27 (Also visible to Oregon Route 217, East side, Hwy 144, approximate milepoint 7.10 The director of the Oregon Department of Transportation (ODOT) through the Outdoor Advertising Sign Program has determined that the referenced sign is in violation of the Oregon Motorist Information Act (OMIA), Oregon Revised Statute (ORS) 377.700 to 377.840 and 377.992. A photograph of the sign is enclosed. The law applies to your sign. ® You have an ownership interest in the sign. ORS 377.775. e The sign is an "outdoor advertising sign" because it is posted for compensation, or it is not at the location of a business or an activity open to the public. ORS 377.710(20) & (26); OAR 734 -059- 0020, 734 - 059 -0025, 734 - 059 -0030. ® The sign is subject to the OMIA because it is an outdoor advertising sign that is visible from the state highway. ORS 377.715; 377.710(17), (31) & (37). Your sign violates the law. o The sign violates the law because it is an outdoor advertising sign without a permit. ORS 377.725; 377.715. ® The sign violates the law because it exceeds the size allowed by law, it is more than 14 feet in height and exceeds 825 square feet, ORS 377.745 Your sign violates the law for both of these reasons. You will need to correct both of these violations to make your sign comply with the law. What you need to do. Under ORS 377.775, you must do at least one of the following three things within 30 days of the mailing date of this notice: EXHIBIT H AFFIDAVIT OF GARY PAGENSTECHER RE: Sign Permit Applications SGN2009- 00161, SGN2009- 00162, & SGN2009 -00163 STATE OF OREGON ) " . ) ss. Countyo 114 : '!"': ) I, Gary Pagenstecher, being duly sworn, depose and say: 1. On October 28, 2008, I participated in an informal review of proposed modifications to the existing former Farmers Building. This review was not a formal pre- application conference. 2. At that time of the review, the proposed development included restriping and landscaping of the northern and eastern parking lots, removal of landscape trees adjacent to the building, addition of a 412 foot vestibule entrance, minor regarding to provide accessible routes to meet ADA requirements, additional planting along the eastern lot line to meet buffer and screening requirements, and the potential future 4,316 square foot addition to the upper storey penthouse (MMD2009- 00017). 2. At that review, the issue of signs was also briefly discussed. The applicant's representative identified the odd shaped building and inquired how signs could be accommodated given the obtuse angle of the fenestrated elevations of the building. I agreed that the obtuse angle did represent a problem when considering wall signs must be placed parallel to the plane of the wall on which they are mounted. I did not discussing any specific standards or agreeing to any specific interpretation of how the standards would be applied in to the Triangle Pointe Building. 3. On November 6, 2009, at Kristie Peerman's request, I reviewed the file for the subject sign permits for the first time. The sign permit application packets, submitted by the applicant, included a letter from Kendra Howell dated July 7, 2009, in which she refers to the attached method of calculation and states it "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." 4. As stated, I did not make the interpretation of the code at the July 7, 2009 review, nor did I make any other representation as to the application of the code to the Triangle Pointe Building. Dated this day of , 2010. Gary Pagenstecher Page 1 — AFFIDAVIT OF GARY PAGENTESCHER Subscribed and sworn to before me this day of , 2010. NOTARY PUBLIC FOR OREGON My Commission Expires Page 2 — AFFIDAVIT OF GARY PAGENTESCHER I • o COMMUNITY PUBLIC HEARING ITEM: NEWSP (PAPERS The following will be considered by the APERS ® Tigard Hearings Officer on Monday May 6605 SE Lake Road, Portland, OR 97222 : . 24, 2010 at 7:00 .PM at the Tigard Civic; PO Box 22109 Portland OR 97269 2109 Center - Town Hall, 13125 SW Hall Blvd.' Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 Tigard, Oregon. Both public oral and written' als@commnews a ers.com T I GARD testimony is invited. E-mail: le 9 P P The • public hearing on this matter will be conducted in accordance with the Tigard" Municipal Code and the rules of procedure adopted by the A F F I DAV IT OF PUBLICATION Council and available at City Hall or the rules of procedure set State of Oregon, County of Washington, SS forth in Chapter 18.390. Testimony may be submitted in writing I, Charlotte Allsop, being the first duly sworn, prior to or at the public hearing or verbally at the public hearing depose and say that I am the Accounting only. Failure to raise an issue in person or by letter at some point Manager of The Times (serving Tigard, prior to the close of the hearing accompanied by statements:Of evidence sufficient to afford the decision -maker an opportunity Tualatin & Sherwood), a newspaper of to respond to the issue precludes appeal to the Land Use Boaid general circulation, published at Beaverton, of Appeals based on that issue. Failure to specify the criterion in the aforesaid county and state, as defined from the Community Development Code or Comprehensive' by ORS 193.010 and 193.020, that Plan at which a comment is directed precludes an appeal based on that criterion. jr City of Tigard A copy of the application and all documents and evidence' Public Hearin /MIS2010 -00001 submitted by or on behalf. of the applicant and the applicable} g criteria are available for inspection at no cost. A copy of ,the TT11446 staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items) A copy of which is hereto annexed, was can also be provided at a reasonable cost. 70. published in the entire issue of said Further information maybe obtained from the Planning Division, newspaper for (staff contact: Gary Pagenstecher, Associate Planner) -at' 1 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling, 503 week in the following 639 -4171, or by e-mail to garyp @tigard - or.gov. 9 issue: MISCELLANEOUS (MIS) 2010 -00001 May 6, 2010 - REVOCATION AND VOIDANCE OF , TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to revoke and make void the &AIL( )0 ` 1 subject sign permits (SGN2009- 00161, SGN2009- 00162, & SGN2009- 00163) issued on July 7, 2009 for the Triangle Point Charlotte Allsop (Accounting Manager) Building. Additionally, the City proposes to ensure any signs erected at the subject site are in compliance with the community Subscribed and sworn to before me this development code. LOCATION: The Triangle Pointe Building May 6, 2010. is located at 13333 SW 68th Parkway, Tigard, OR 97223; of ; 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` G w - Zae l within the Tigard Triangle, a regional mixed -use employment, NOTARY PUBLIC FOR OREGC district bounded by Pacific Highway (Hwy. 99W), Highway My commission expires 217 and I -5. This zoning district permits a wide range of uses , including major retail goods and services, business /professional Acct #10093001 offices, civic uses and housing; the latter includes multi - family housing at a maximum density of 25 units /acre, equivalent to Attn: Patty Lunsford the R -25 zoning district. A wide range of uses, including but not City of Tigard limited to community recreation facilities, religious institutions, 13125 SW Hall Blvd medical centers, schools, utilities and transit- related park -and- Tigard, OR 97223 ride lots, are permitted conditionally. Although it is recognized! that the automobile will accommodate the vast majority of trips Size: 2 x 11.75 to and within the Triangle, it is still important to (1) support' alternative modes of transportation to the greatest extent Amount Due $196.23'` possible; and (2) encourage a mix of uses to facilitate intradistrict 'Please remit to address above. 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. . .�` , I .N2 1 � :' z loll.: . 3...5 > 3 v}c!NM N�nr _ ... fi I i -i l } I I' I" { `` 5 ( � j '4 GOI OPTNI _ INTE BNiN PERN "!.,., , ? it ...i �.f i M q what- y 3t R P A E4 3 v \ T • S? ....,..,. �r . �'t1 L t s ese�` ". _ ',X,;!.':'.--4-'-'41111,41 �°ga 1 g :,,, , *,-,,.. laingiVt 1 tilfr n't:-IZiOdniiV 7'5'iwAr4I'z Publish 05/06/2010. T11446 Agenda Item: 2.1 Hearin• Date: Ma 24, 2010 Time: 7:00PM STAFF REPORT TO THE 4 Ai HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON .1' —7 • • • SECTION I. APPLICATION SUMMARY FILE NAME: REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS CASE NO: Miscellaneous Permit (MIS) MIS2010 -00001 APPLICANT: City of Tigard . OWNER: Deacon Development Group, 13125 SW Hall Blvd. 901 NE Glisan Street, Suite 100 Tigard, OR 97223 Portland, OR 97232 PROPOSAL: The Ciry_ propposes to revoke and make void the subject sign permits (SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163), issued by the City on July 7, 2009. LOCATION: 13333 SW 68th Parkway, Tigard, OR 97223, Washington County Tax Assessor's Map 2S101DA, Tax Lot 00104. ZONING: 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. 99), Highway 217 and I -S. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) upport alternative modes of transportation to the greatest extent possible; and (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. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the subject signs, as permitted, are inconsistent with the applicable development code standards and have been issued in error. Staff further recommends the Hearings Officer find that the permits are therefore, REVOKED and VOID, from the day of the Hearing's Officer's decision in this matter. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 12 SECTION III. BACKGttOUND INFORMATION History of the Permits: On July 7, 2009, three applications for wall signs on the Triangle Pointe Building were submitted to the City by Deacon Development Group ( "Deacon ' ). The applications and accompanying materials submitted by Deacon were reviewed at the time of submittal and the City issued three wall sign permits (SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163) for the Triangle Pointe Building ( "Permits") the same day. The Permits allow for three, 800 square foot wall signs, each with dimensions of 25' x 32' ( "Signs "). Subsequent to issuance of the Permits, Deacon put up the Signs. The Permits are included herein as Exhibit 1. On November 6, 2009, the City received a complaint about the size of the wall sign located on the south side of the Triangle Pointe Building. Based on this complaint, the City performed an on -site inspection of the Signs and reviewed the Permits and -permit application materials submitted by Deacon. Upon inspection and review of the permit application ann materials, the City determined that based on the site characteristics, the size of the permitted Sins are in excess of the maximum wall sign standards for the MUE zone at Tigard Development Code ( "'IDC') 18.780.130.D.2.b. The Permits were granted based on the information that was provided by Deacon, including the calculation of the maximum size for wall signs on the Tnan le Pointe building. The applicable calculation under TDC18.780.130.D.2.b, is that wan signs in the zone may be up to 5% of the gross area of the wall face on which the sign is mounted. Deacon's application materials represented that one third of the surface area of the irregularly shaped building's facade as a single "wall face ", which is contrary to the City's interpretation of what constitutes a "wall face ", as the term is used at '1'DC18.780.130.D.2.b. The result being that Deacon's sign permit applications proposed wall signs that are approximately four times larger than are permitted under '1'DCI8 780.130.D.2.b The permit applications and accompanying materials submitted by Deacon are included herein as Exhibit 2. At the initial, July 7, 2009 review of the permit applications and accompanying materials, Kristie Peerman the City's Planning Permit Technician, did not recognize the discrepancy between the size of the wall signs proposed by the application and the maximum wall sign size imposed by '1'DC18.780.130.D.2.b. Accordingly, based on the information contained in the permit applications and accompanying materials, Ms. Peerman approved and issued the Permits to Deacon for the Signs under the mistaken understanding that the dimensions of the wall signs proposed in the applications were consistent with the '1'DC. The resulting Permits allow for the Signs, which were, and remain, in excess of the maximum size permitted by '1'DC18.780.130.D.2.b. The Affidavit of Kristie Peerman corroborates the above facts and is attached hereto as Exhibit 3. Starting in November 2009, the City engaged in discussions with Deacon to negotiate replacement of the Signs with smaller ones that meet the applicable '1'DC standards. Communications between the City and Deacon regarding the potential for Deacon to voluntarily bring the Signs into compliance with the "1UC are attached hereto as Exhibit 4. However, such discussions have stalled and Deacon, through their attorney has asserted the right to retain the existing signs as permitted, despite being in violation of '1'DC18.780.130.D.2. b. Due to the lack of progress in the voluntary compliance discussions between the parties, the City initiated the current proceeding to revoke and make void the ?ermits. Site and Vicinity Information: The subject 8.5 -acre site contains an approximately 108,000 square foot office building (formerly Farmers Insurance), referred to herein as the triangle Pointe Building. The three -story building (with additional daylight basement and penthouse floors) is composed of three wings of roughly equal dimension in a star - shaped configuration. The site is located in the southernmost extent of the Ti and Triangle at the northwest corner of the I -5 /Hwy 217 interchange. The site has approximately 540 feet of frontage along I -5 and approximately 1,560 feet of frontage along Hwy 217. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 12 Prior to issuing the subject Permits, the City approved a minor modification (MMD2009- 00017) to the Triangle Pointe Building for. a 7,112 square foot addition and parking lot and landscape improvements. Proposal: After consultation with the City's attorney, the City now proposes that the Hearings Officer find that sign permits SGN2009- 00161, SGN2009 -00162 & SGN2009- 00163, were issued in violation of the applicable provisions of the 'IDC, and to revoke the Permits pursuant to the request of the City under the authority granted it by the'1'DC. SECTION IV. REPORT MAKING PROCEDURES, PERMITS Summary of Decision - making Procedures The City proposes to "revoke" the subject sign permits pursuant to "1DC 18.230.060 and to "void" the subject permits pursuant to 'IUC 18.210.070(B). TDC18.390.080.D.1.a.3 allows the Director to initiate an application. '1'DC18.390.080.D.2 allows consolidation of actions into a single proceeding. Pursuant to 'WC 18.210.070(B), a hearing on revocation of a permit is pursuant to Section 18.390.050. The Type III -HO procedure, as regulated by Chapter 18.390.050, uses approval criteria contained in the 'l'DC. Type III -HO actions are decided by the Hearings Officer with appeals being heard by the City Council. SECTION V. SUMMARY OF APPLICABLE CRITERIA • Staff finds the following code sections apply to the proposed sign permit reconsideration. Findings for these code sections are in Section VI of this report. A. Administrative Procedures 18.210 - General Administrative Procedures 18.230 - Enforcement B. Land Use Decisions 18.390 - Decision Making Procedures C. Zoning Districts 18.520 - Commercial Zoning Districts D. Community Plan Area Standards 18.620 - Tigard Triangle Design Standards E. Applicable Development Code Standards 18.780 - Signs SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ADMINISTRATIVE PROCEDURES 18.210 - General Administrative Procedures 18.210.070 Official Action A. Official Action. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this title, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this title. B. Severability. Any permit or approval issued or granted in conflict with the provisions of this chapter shall be void. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 12 The Director's Designee, Kristie i'eerman, Planning Permit Technician, issued the Permits based solely on her review of the applicant's submittal application and accompanying materials (Exhibit 3). The application materials proposed three wall signs, each 800 square feet in area, and included calculations of the maximum allowable size of wall signs at the site, concluding that the proposed 800 square foot si ns met the size requirements. "1'DC18.780.130.D.2.b imposes a maximum size for wall signs in the zone, which is calculated based on a P ercenta e of the wall face on which the wall sig n is mounted. At the time, Ms. Peerman understood the size of proposed wall signs to be calculated in accord with "I'DC18.780.130.D.2.b, and therefore in compliance with the maximum size standards for wall signs based on the site (Exhibit 3). On subsequent review, staff determined that the application materials misapplied 'I'DC18.780.130.D.2.b (maximum wall sign standards in the MUE zone) and therefore did not properly calculate the maximum size of wall signs permitted at the Triangle Pointe Building. The Citys approval of Deacon's Deacon applications and issuance of the Permits were based on the application materials submitted by Deacon which miscalculate the maximum permitted size of wall signs on the site. As a result, the Permits allow for three 800 square foot wall signs, in excess of the maximum size permitted on the site by '1'DC18.780.130.D.2.b, which in this instance is approximately 200 square feet per sign. The method of calculation and the specifics of the miscalculation m the application materials are addressed below in subsection E — Applicable Development Code Approval Standards. Because the Permits allow for wall signs in excess of the maximum size allowed under 1'DC18.780.130.D.2.b, the Permits fail to comply with the standards of the 'IUC and were therefore, issued in conflict with "1 "DC 18.210.070.A. Because the Permits were issued in conflict with '1'DC 18.210.070.A, they are void under'I'DC 18.210.070.B. FINDING: A permit issued by the City allowing development in conflict with any provision of the 'I violates '1'DC 18.210.070.A. permit that is in conflict with '1'DC18.210.070.A is made void by 18.210.070.B. The Permits were issued by the City and allow wall signs that are in conflict with the maximum wall sign standards of '1'DC18.780.130.D.2.b. Therefore, the Permits fail to comply with '1'DC18.780.130.D.2.b. '1'DC18.780.130.D.2.b is a standard imposed to carry out the 1DC. Therefore, the Permits are in violation of 18.210.070.A , and are made void by 18.210.070.B. 18.230 - Enforcement 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropnate proceedings. The Signs constitute "development" as defined in 1 " DC 18.120.030.58 to be a "material change in the appearance of a structure." The City issued si n permits for signs contrary to the size provisions of the sign chapter of Title 18 ('IDC18.780.130.D.2.b). Therefore, the permits are unlawful. Because discussions o: voluntary compliance with Deacon have stalled, the City has initiated this proceeding to revoke the Permits in order to abate the unlawful development. 18.230.070 Stop -Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall - cease until it is authorized to continue. B. Stop -order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or REVOCATION &VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 12 l'DC 18.230.070.B.1 is the sole reference to permit revocation in the 'l'DC and states that revocation hearings are to proceed pursuant to 'lDC 18.390.050. The City has initiated this hearing for revocation of the Permit as a Type III proceeding under 'l'DC 18.390.050, in accord with the direction of TUC 18.230. FINDING: 'l'DC 18.230.060 provides for the abatement, by any appropriate proceeding, of any unlawful development. "l'DC 18.230.070.B provides that permit revocation hearings are to proceed pursuant to the procedures of 18.390.050. The Permits allow for the Signs, which are in excess of the maximum size standards of the i'DC. The Signs are development. Therefore, the Signs, as allowed by the Permits constitute unlawful development. The revocation of the Permits will achieve abatement of the unlawful development. Deacon has been provided with notice of this proceeding to revoke the Permits, which was initiated by the City pursuant to '1DC 18.390.050. The hearing before the Hearings Officer provides a forum for Deacon to present any evidence to an unbiased decision- maker. Therefore, the City is authorized by 'IUC 18.230.060 to undertake this revocation process pursuant to l'DC 18.390.050, which is an appropriate proceeding to achieve abatement of unlawful development. B. LAND USE DECISIONS 18.390 - Decision Making Procedures 18.390.050 Type III Procedure A. Preapplication conference. A preapplication conference is required for all Type III actions. A pre- application conference was held on March 5, 2010, the notes from which are included herein as Exhibit 5. B. Application requirements. 1. Application forms. Type III applications shall be made on forms provided by the Director. The City submitted an application on the applicable form. The application form and accompanying materials are included herein as Exhibit 6. 2. Content. Type III applications shall: a. Include the information requested on the form; The City's application includes all information requested on the form (Exhibit 6). b. Address the relevant criteria in sufficient detail for review and action; The City's application addresses each of the relevant criteria in sufficient detail for review (Exhibit 6). c. Be accompanied by the required fee; The City has waived the application fee. d. Include two pre - stamped, re- 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 record have been used to produce the notice list. The City has paid all expenses associated with provision of notice to all property owners of record. The most current assessment records were used to determine the owners of record. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGNPERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 12 e. Include an impact study. The impact study shall qualify the effect of the development on public facilities and serv 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 the 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 roperty dedication requirement is not a roughly proportional to the projected impacts of the development. The requested revocation of the Permits will not result in any new development that has an impact on the Ci s transportation, drainage, parks, water, or sewer systems. The requested revocation of the Permits will not result in any development that creates noise. Therefore, no impact study is associated with the application. C. Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal Hearing or Type III hearing shall be given by the Director in the following manner: a. At least 20 days prior to the hearing date, notice shall be sent by mail to: 1. The applicant and all owners or contract purchasers of record of the site which is the subject of the application; On May 3, 2010, 21 days before the hearing, the City provided the required notice to Deacon Development Group and Triangle Pointe LLC, the owners of the site. A list of all parties receiving notice is included herein as Exhibit 7. 2. All property owners of record within 500 feet of the site; On May 3, 2010, 21 days before the hearing, the City provided the required notice to all property owners of record within 500 feet of the site (Exhibit 7). 3. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; On May 3, 2010, 21 days before the Type III hearing, the City provided notice to the following governmental agencies: Oregon Department of Transportation. 4. Any City- recognized neighborhood group whose boundaries include the site; The site is located within the boundaries of the East City - recognized neighborhood group. 5. A person who has submitted a written request, and who has paid a fee established by the City Council; and No written requests for notice have been received by the City for the subject action. 6. In actions involving appeals, the appellant and all parties to the appeal. This standard is not applicable. b. The Director shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties; The file contains the required affidavit of mailing notice of the public hearing on May 24, 2010. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 12 c. At least ten business days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the City. An affidavit of publication concerning such notice shall be made part of the administrative record; On May 6, 2010, at least 10 business days prior to the hearing, the City provided notice of the May 24, 2010 public hearing in the Tigard Times Newspaper. C. ZONING DISTRICTS Commercial Zoning Districts (Chapter 18.520) Lists the description of the Commercial Zoning Districts. 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. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide ran of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park- and -ride lots, are m permitted conditionally. Although it is recognized that the automobile will accommodate the vast ajority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. The subject site is located at 13333 SW 68th Parkway in the Tigard Triangle and is zoned Mixed Use Employment (MUE). D. COMMUNITY PLAN AREA STANDARDS Tigard Triangle Design Standards (Chapter 18.620) 18.620.050 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: 1. Zoning district regulations - Residential only developments within the C -G and MUE zones shall meet the sign requirements for the R -25 zone 18.780.130B; non - residential developments within the C-G zone shall meet the sign requirements for the commercial zones, 18.780.130C; and nonresidential development within the MUE zone shall meet the sign requirements of the C-P zone, 18.780.130D. 2. Sign area limits - The maximum sign area limits found in 18.780.130 shall not be exceeded. No area limit increases will be permitted within the Tigard Triangle. 3. Height limits - The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sign is located. No height increases will be permitted within the Tigard Triangle. 4. Sign location - Freestanding signs within the Tigard Triangle shall not be permitted within required L -1 landscape areas. The site is located in the Tigard Triangle and therefore, subject to Tigard Triangle Design Standards at 18.620. As a commercially developed property in the MUE zone, the site is subject to the sign requirements of the C-P zone, 18.780.130D, in addition to other applicable requirements of Chapter 18.780, pursuant to 18.620.050.1. The maximum sign area limits - found in 18.780.130 shall not be exceeded and no area limit increases will be permitted within the Tigard Triangle. 18.620.050.2. Wall signs shall not extend above the roof line of the wall on which the sign is located. 18.620.050.3. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 12 C. Compliance with State Building Code. Separate structural permits under the State Building Code shall also apply. Deacon did not apply for, nor did the City Building Division issue any building -permits in association with the Signs. The City would require a structural permit for sign attachment including connection details and seismic calculations as applicable per chapter 16 of the Oregon Structural Specialty Code (OSSC) and chapter 13 of the American Society of Civi_ Engineering (ASCE) 7 -05. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. Each of the Signs appear to be directly illuminated by external lights. However, Deacon has not applied for, nor has the City granted any electrical permits associated with the electrical work required to illuminate the Signs. The City would require electrical permits for any addition or alteration of electrical circuits. This permit could typically be obtained by an electrical contractor by fax, mail in, or in person based on the scope of work. Plan review would not typically be required for this type of permit. FINDING: '1'DC 18.780.020.D requires electrical permits to be obtained for all illuminated signs. The Signs are directly illuminated by external lights and therefore, are subject to the "1'DC 18.780.020.D electrical permit requirement. No electrical permits have been applied for or issued in association with the Signs. Therefore, the Signs are in violation of 'IDC 18.780.020.D. E. Retroactive sign permits. The Director may require application for sign permits for all signage This provision is not applicable to the proposed revocation and voidance of the Permits. 18.780.085 Sign Measurement B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; The Signs do not include a cabinet but are tension membranes suspended from a perimeter cable fixed at the corners to the building. The perimeter of the measurable area is defined by the edge of the vinyl sign face. b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; The Signs include printed text and logos on vinyl. This standard does not apply. 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs A. Conformance required. All signs erected after the effective date of this title which are in violation of any provisions of this chapter, shall be removed or brought into conformance upon written notice by the Director. As defined in 18.780.120 the Signs are not considered "nonconforming" and therefore are not subject to the removal provisions of this section. 18.780.130 Zoning District Regulations D. In the C-P zone. No sign shall be permitted in the C-P zone except for the following: 2. Wall signs shall have certain limitations and conditions when permitted on properties zoned C- P including: a. Wall signs, including illuminated reader - boards, 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, REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 12 The Permits allow for three wall signs to be mounted on the site that are each 800 square feet with dimension 25' x 32'. Consistent with the permit, Deacon has mounted three wall signs on the site, each 800 square feet with dimension 25' x 32'. However, the permitted and mounted signs all exceed 5% of the wall faces that the respective Signs are mounted to. As stated above, the term "wall face" is undefined by the '1'DC. The City interprets the term "wall face ", as used in 'lDC 18.780.130.D.2.a, to mean the wall face on which the sign is to be mounted, including the area of wall faces that are proximate and structurally connected parallel planes. Here, each of the proposed Signs are mounted on a wall face that is separated by an approximately 6 -foot setback (proximate) to two parallel planes that are structurally connected (Exhibit 2). Each "wad face " consisting of the total area of the three parallel planes is approximately 4,000 square feet. Pursuant to '11 C 18.780.130.D.2.a, the maximum sized wall sign can be 5% of the gross area of the 4,000 square foot wall, or approximately 200 square feet. The precise maximum size of the sign will require elevation drawings to scale from which measurements of the faces can be made. Deacon submitted permit application materials which include a letter from Kendra Howell dated July 7, 2009, which explains the manner in which Deacon determined the area of a "wall face" under DC 18.780.130.D.2.a, for purposes of calculating the maximum allowable size of the proposed wall signs (Exhibit 2). This letter states that "because of the broken up facade of the existing bruilding, we are considering the building a 3 -sided building, which is how the louilding is viewed from a distance," and attributes the method of calculation to feedback from Gary Pagenstecher, Associate Planner for the City. By calculating the "wall face" as one third of the surface area of the entire building facade, Deacon includes wall faces that are neither proximate, structurally connected or parallel to the wall face upon which the Signs are mounted. Deacon's method of calculation results in a far greater area being considered a single "wall face" than is consistent with the City's interpretation of the code, which in turn results in the permit application material representing that the maximum allowable wall sign is 800 square feet, as opposed to the 200 square Toot maximum sign size actually allowable under '1'DC 18.780.130.D.2.a. During the pre- application meeting with Deacon, Mr. Pagenstecher made no representations as to the City's interpretation of the term "wall face" or the method of determining what portion of the Triangle Pointe Building's facade constitutes a single "wall face ". The affidavit of Gary Pagenstecher is included herein as Exhibit 8. FINDING: The term "wall face" is undefined by the "1DC, and the City has a past practice of validly in terpretin the term to mean the wall face on which the sign is to be mounted, including the area of faces that are proximate and structurally connected parallel planes. The "as viewed from a distance" method of calculating what constitutes a single wall face, as enumerated in the letter from Kendra Howell included in the permit application materials submitted by Deacon, is inconsistent with 1DC 18.780.130.D.2.a. As issued, the Permits allow for wall signs of a size that violates the maximum size provisions of TDC 18.780.130.D.2.a. The Signs mounted to the Triangle Pointe Building subsequent to the site are in violation of "IDC 18.780.130.D.2.a. b. Wall signs shall be parallel to the face of the building upon which the sign is located, and Each of the signs are parallel to the face of the building upon which it is mounted. c. If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos and letters; This standard is not applicable to the current proceeding for revocation and voidance of the Permits. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 12 ANALYSIS: Deacon's application materials misconstrue the TDC and include non - parallel planes as a single "wall face" for the purpose of determining the maximum permitted size of a wall sign in the MUE zone pursuant to 1UC 18.780.130.D.2.a. As a result, the permit application proposed wall signs that are significantly in excess of the maximum size allowed under the "DC: Because the Permits were granted based on the representations made by Deacon in the application materials, the Permits allow for wall signs of a size in excess of the maximum size permitted IDy "1'DC 18.780.130.D.2.a. Therefore, the Permits were issued in violation of the "1'DC. As explained herein, the City is authorized to make void under TDC 18.210.070.B, permits issued in violation of the TDC. Because the Signs are in excess of the maximum allowed size under the TDC, they are unlawful development, even though consistent with the Permits. The City has the authority to abate, through appropriate proceedings, any unlawful development pursuant to 18.230.060. The current process for revocation is appropriate because revocation of the Permits will abate the unlawful use, and the process follows the direction of "lDC 18.230.070.B.1 that revocation hearings be held pursuant to TDC 18.390.050. The City has initiated this proceeding, requesting that the Hearings Officer find that the Permits were issued in violation of the "lDC and to hereby revoke and make void the Permits. CONCLUSION: Sn permits SGN2009- 00161, SGN2009- 00162, & SGN2009 -00163 were each issued in violation of the 1 and should therefore be revoked and made void by the Hearings Officer. SECTION VII. OTHER STAFF COMMENTS The City Building Official provided comments indicating when building and electrical permits and inspections for signs are required, which have been incorporated in the findings on page 9, above. SECTION VIII. AGENCY COMMENTS City of Lake Oswego was notified but did not provide comment. Oregon Department of Transportation (ODOT), Right -of -Way Section, commented in a letter to the City dated March 26, 2010 that under the Oregon Motorist Information Act, ODOT has authority to regulate signs visible from a state highway. ODOT determined that the south - facing sign, visible from both Hwy 217 and I - 5, was in violation as an "outdoor advertising sign" that exceeded the size limits and required a permit. ODOT stated it would be issuing its second notice of violation for the subject "hamburger' sign. EXHIBITS: A. Triangle Pointe Building Sign Permits SGN2009- 00161, SGN2009 - 00162 & SGN2009 00163. B. Permit applications and accompanying materials submitted by Deacon. C. Affidavit of Kristie Peerman, Planning Permit Technician. D. Communications between the City and Deacon regarding the potential for Deacon to voluntarily bring the Signs into compliance with the 'lDC. E. Pre - application conference notes held on March 5, 2010. F. City's application and accompanying material for a Type III application review. G. List of all parties receiving notice of the public hearing. H. Affidavit of Gary Pagenstecher, Associate Planner. REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC I IEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 12 /,z l May 17, 2010 PREPARES I : Gary Pagenstecher DAl'E Associate Planner I { May 17, 2010 • VIEWED BY: Rona B. Bunch DA'L'E Director of Community Development Director REVOCATION &VOIDANCE OF TRIANGLE POINTE SIGN PERMITS MIS2010 -00001 5/24/10 PUBLIC HEARING - STAFF REPORT TO THE HEARINGS OFFICER PAGE 12 OF 12 ' -! .1 !,.-1.j . 1..' . ' r �:_ ,161. VICINITY MAP • 1 i� /t'l 1 't. ■ • u > . 6 �!!� MIS2010 -00001 imp j ' �. �! .! � � r gm REVOCATION AND MI IN LALL 0 P ar A mil m Wasp i , i � �� 611,1 �� 111111111V VOIDANCE OF TRIANGLE m -. .: ' . - i l - W ► TO ST V [" WORM RM .� . = NM !M � � .; �� POINTE SIGN PERMITS • �� ` P it No 11111 11111144111111 Il �al� s . , .,..,.,_......... ,_...,.,..._., . , H r , y v - ra y �u Iir 1 r ass Subject Site • 111114 r ------r- \ '''''' ''A-,44.:\ - -"1 I II 3 fti '...' : : .:.:... ' 1 :-Ii':,,,.:: • 140 14, 47. M .. - .' ,, • as a l 1 f PP P d �'�f StrLr fi r * ., 4 `• �� it j I �y�A i i q r t i v . fr gx' . ` • x r i l � I 4 \ m •t + *��♦♦ _ � ' • " „ r `;,' S � I "t'" ;� ci��ta �_: t 1- rr , i 'k �� i r , , N. , h '!• .---:',';',& .•:•-• • - 4:- . ...,,..----•• - .; -.• ' ligw., f , i (--1-- . p - 14 25;„, , , , ; .., - •4 44,. , :7; i : f in . ...1..'.. te a ` < l 1 1 I . �� 1 s . )„..,...:Ji .,_,,N . r I S S f , a (( �, - � ' '� i ,- 5 �., _ t / - ' f.' I.- Information on this map Is for general location : . / \ ' ..., f ,4 =lin •• �. only and should be verified with the Development _ � Services Division, • M1 '`ti, ` 1 j C. l l i Scale 1:8,000 - 1 in = 667 ft i ',,,,,, +.� 1 • - _ M ap printed at 08:43 AM on 28- Apr -10 1 1 •,.. ~ r +_ - .. __ DATA IS D E RIV pant E D F ROM MULTIPLE S OUR C ES. T CITY TIGARD } j M AHE S NO WARR R TIMELINESS NTA OR G AS TO THE t -7-='-''''-1 � — CONTENT. ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE + 1' '- i ', 1 ' I � DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO I ' q/ ' _ - LIABILITY FOR ANY ERRORS. OMISSIONS. OR INACCURACIES IN THE ri } I I _�,/ INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 4 IN- .U.fldedtfl'.t:.b� • l t, i r ` r r ..... City f TI S i . _.. '_ - ... : 13125 Sard SW Hall Blvd Feet a I l _ .. N T Wier, o3 639-4171 TI Tigard, OR 97223 0 1000 1$ 1 I • s g ■ ;' f 1 7 ..., : www.ti ard -or. ov • • '10 • COMMUNITY PUBLIC HEARING be ITEM: considered by the NEWSP APERS PS The following will J �ER `�j J a Tigard Hearings Officer on Monday May 6605 SE Lake Road, Portland, OR 97222 S - 24, 2010 at 7:00 PM at the Tigard Civil PO Box 22109 Portland la 97269 -2109 r • ' C enter - Town HallBo, 13125 public SW Hall Blvd: Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 Tigard t h oral and written E -mail: legals @commnewspapers.com T I GARD The public heari g on ie is invited. conducted in accordance this with matter the will Tigalrd Municipal Code and the rules of procedure adopted by th AFFIDAVIT OF PUBLICATION Council and available at City Hall or the rules of procedure sett State of Oregon, County of Washington, SS forth in Chapter 18.390. Testimony may be submitted in writing. I, Charlotte Allsop, being the first duly sworn, prior to or at the public hearing or verbally at the public hearing depose and say that I am the Accounting only. Failure to raise an issue m person or by letter at some point Manager of The Times ( g g servin Ti ard, prior to the close of the hearing accompanied by statements;or an opportunity Tualatin & Sherwood), a newspaper o f to respond to the issue precludes ord the appeal decision to th maker e Land Use Board general circulation, published at Beaver of Appeals base d on that i evidence sufficient to aff ssue. Failure to specify the criterion in the aforesaid county and state, as defined from the Community Development Code or' Comprehensive by ORS 193.010 and 193.020, that Plan at which a comment is directed precludes an appeal based on that criterion. : s City of Tigard A copy of the application and all documents .and evidence submitted by or on behalf of the applicant and the applicable Public Hearing /MIS2010 - 00001 criteria are available for inspection at no cost. A copy of .the TTI1446 staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items A copy of which is hereto annexed, was can also be provided at a reasonable cost. pu blished in the entire issue of sa id Further information maybe obtained from the Planning Division newspaper for (staff contact: Gary Pagenstecher, Associate Planner) at 1 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503 639 -4171, or by a mail to garvp @tigard- or.gov. week in the following issue: MISCELLANEOUS (MIS) 2010 -00001 May 6, 2010 - REVOCATION AND VOIDANCE OF T RIANGLE POINTE PERMITS - j J LA PROPOS The City proposes to SIGN revoke and make void the 0(01 ,Q sub sign permits (SGN2009- 00161, SGN200 00162, &! SGN2009- 00163) issued on July 7, 2009 for the Triangle Point Charlotte Allsop (Accounting M pager) Building. Additionally, the City proposes to ensure any si erected at the subject site are in compliance with the communi ty Subscribed and sworn to before me this development code. LOC ATION: The Triangle Pointe Building May 6, 2010. is located at 13333 SW 68th Parkway, Tigard, OR 97223; — Washington County Tax Assessor's Map No. 2S101DA, Tax .g Lot 00104. ZONE: MUE: Mixed -Use Employment. The MUE, i;a zoning district is designed to apply to a majority of the land e,e,4) . (51-4?,2 ''.1, within the Tigard Triangle, a regional mixed -use employment, NOTARY PUBLIC FOR ORE N district bounded by Pacific Highway. (Hwy. 99W), Highway My commission expires `® 217 and I -5. This zoning distri es ct permits a wide range of us, including major retail goods an d services, business /professional' offices, civic uses and housing; the latter includes multi - family Acct #10093001 housing at a maximum density of 25 units /acre, equivalent to+ Attn: Patty Lunsford the R -25 zoning district. A wide range of uses, including but not, City of Tigard limited to community recreation facilities, religious institutions, 13125 SW Hall Blvd medical centers, schools, utilities and transit related park and Tigard, OR 97223 ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips I() and within the Triangle, it is still important to (1) support Size: 2 x 11.75 alternative modes of transportation to the greatest extent Amount Due $196.23*` possible; and (2) encourage a mix of uses to facilitate intradistrict *Please remit to address above. pedestrian and transit trips even for those who drive. The zone may be applied elsewhere i n the City through the leg i sl ative process. APPLICABLE REVIEW CRITERIA: Community. Development Code Chapters 18.210, 18.230, 18.390, 18.520, 18.620 and 18.780. ra { I J'� , T' waNln roar , (""- r-"-i i € . 7 =.---- . �� 1 ! �? ;+ ,€ ! i > : i',7,':.7:..:: 3 ,..7.!!!!e7 RB i jag 3 1 •"5 ' " s ' �., I � ii P S 1 M pct Sne ■ 7 5 4 l t ¢ ` �, 4 , ''ab:: '•.,1 M.:;:tm.'444,,•.. :,'::4;;: :* I ,...4k7 1144,E;;;*:Vti'..44.) .M14. - ,.•,.,% i ,,,:,•,,, 114-51;.qtairt 471rlifp4R4144:911 -,::::::'----- ':-"'" Publish 05/06/2010. T11446 AFFIDAVIT OF MAILING N1 L_ J I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: a„ k ApplupnalL Bx(()Ek © NOTICE OF PUBLIC HEARING FOR MIS2010 00001 /REVOCATION & VOIDANCE OF TRIANGLE POINTE SIGN PERMITS "CANCELLATION NOTICE" (File No /Name Reference) ® AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ® Tigard Hearings Officer (5/24/2010) ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit " A" , and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on May21, 2010, and depot' - • the U.; es tates Mail on May21, 2010, postage prepaid. r / \/ / \ `/ 1 i ,� ' (Person at P pared — once? / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 01716 day of , v/ , 2010. :» . OFFICIAL SEAL ,) f ; SHIRLEY L TREAT / / , NOTARY PUBLIC - OREGON -��r ..1±./_ ®, I. P COMMISSION NO. 416777 N• ARY P I OF OREGON MY COMMISSION EXPIRES APRIL 25, 2011 , , I J My Commission Expires: , , EXHIB A NOTICE TO MORTGAGEL, LIENHOLDER, VENDOR OR :,—LLER: THE TIGARD DEVELOPMENT OODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURU -HASER ; - t, i 1 1 i PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY MAY 21, 2010 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: MISCELLANEOUS (MIS) 2010 -00001 FILE TITLE: REVOCATION AND VOIDANCE OF TRIS1 LE POINTE SIGN PERMITS APPLICANT: City of Tigard C. ' : ?)eacon Development Group 13125 SW Dill Blvd. A. NE Glisan Street, Suite 100 Tigard, OR 97223 V. land, OR 97232 PROPOSAL: The City proposes to revoke and mnl s the suL`e . , , , n permits (SGN2009- 00161, SGN2009- 0062, & SGN2009 -001. ' '. on J; , 2 ; 0 for the Triangle Point Building. Additionally, the City proposes to : s - . ysigns e - at the subject site are in compliance with the community develop ' , of e - LOCATION: The Triangle Pointe Buildir• '•cited. 3 SW 68 ° i Parkway, Tigard, OR 97223; Washington County Tax �1. , - s o 's Map N. ' '%1DA, Tax Lot 00104. ZONE: MUE: Mixed - Use F c ent. .i. e tli zoning district is designed to apply to a majority of the land withi .rd Trim.• • gional mixed -use employment district bounded by Pacific Highway , , •' , ' .. 17 and I -5. This zoning district permits a wide range of uses incluc ' .r retail aoc d services, business /professional olfices, civic uses and -r � housing; the cludes . 'ri mily housing; at a maximum density of 25 units /acre, equivaler t: o ti R-25 .� i . �.trict. A wide range of uses, including but not limited to comm • L- ecreatio.n 4 religious institutions, medical centers, schools, utilities and tn. "`t I A park-an = lc - lots, are permitted conditionally. Although it is recognized that the • • : vile - Al acc odate the vast majority of trips to and within the Triangle, it is still • no_ t to (1) . uf Dort alternative modes of transportation to the greatest extent possible; u. encou a" . • ` of uses to facilitate intradistnct pedestrian and transit trips even for lose who `N -. - e zone may be applied elsewhere in the City through the legislative VO rocess APPLICP 4 0 RE VIEW' CRITF �► e , tyDevelopment Code Chapters 18.210, 18.230, 18.390, 18.520, 18.620 and 18.780. THE PU C HEARING 9 THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF I'' COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 2438 (VOICE) OR (503) 684 -2772 ('I'DD - I ELE COMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITIEN TESTIMONY ON THIS PROPOSED ACl1ON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL "TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN "TESTIMONY. THE IEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRI FERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRI'IERIA LIS'IED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRI _FERIA IN THE ABOVE - NOTED FILE ARE AVAILABLE FOR INSPECT "ION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RAl "E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECIION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RA'Z'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT' THE STAFF PLANNER GARY PAGENSTECHER, ASSOCIATE PLANNER AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E -MAIL TO garyp@tiganl- or.gov. I L i 1 y �-- �. I „ r r_ii_:_, __ VICINITY MAP d o nuszoio -0000i III 1 T iT1 w ' _� -' q� •,/� RECONSIDERATION OF TRIANGLE POINTE SIGN \ r _ � � � � -1 - - '`Ni� • I PERMITS /r . • - -q ■ . -- , -- 1 -4 Y \\ \ J ,r— 1 / , - ; Li \- y / I '' — -� i — ! .•,_._ ; : r l i Al,. I' `\� N -- s .•;- -- ,..,.,,,,,,.,,___ . ._____ 1 \ ' 1 '' -----:--,, ' ,,N41:\k„___ \� j V ^ I °� � sElU vq �. �� /i dRMgrs "' 11 1 �1 1I:1 ,(_ MEADOLI �IC S RD .x . �yl ■ • Triangle Pointe LLC MIS2010 -00001 901 NE Glisan Street # 100 REVOCATION & VOIDANCE OF TRIANGLE Portland, OR 97232 POINTE SIGN PERMITS Deacon Development Group EXHIBIT 901 NE Glisan Street, Suite 100 Portland, OR 97232 ODOT RIGHT -OF -WAY SECTION 355 CAPITOL STREET NE, ROOM 420 SALEM, OR 97301 -3871 S101DA000 2S101DA01700 NELSON VIAL LLC 7000 SW VARNS PORTLAND, OR 97223 101DA000 0 2 01DA0190•. NEL••N • LLC 7001 :f) ARNS • io RTLAN P, ' R 97223 2S101DA00105 2S101DA00101 BRE /HV PROPERTIES LLC PACIFIC NW PROPERTIES LIMITED PA TAX DEPTARTMENT STERN FAMILY LIMITED PARTNERSHIP & EXTENDED STAY HOTELS STERN, HELEN R REV TRUST 100 DUNBAR ST 6600 SW 105TH AVE #175 SPARTANBURG, SC 29306 BEAVERTON, OR 97008 21E06 01300 2 101DA00100 CENTERPOINTE OWNERS ASSOC PA • C NW PROP• RTIES LIMITED PA 1 SW COLUMBIA #1212 STERN ' MILY ITED PARTNERSHIP & PORTLAND, 97258 STERN, H R REV TRUST 6600 - •' 105TH #175 r• OR 97008 2S101DA01100 2S101DA01600 CHINOOK INVESTMENT COMPANY PACIFIC PLAZA FIR LOOP LLC 25 NW 23RD PL STE 6 7140 SW FIR LOOP #220 BOX 454 PORTLAND, OR 97223 PORTLAND, OR 97210 2S101DA01500 2S101AD03200 DHS LLC PACIFIC REALTY ASSOCIATES 15 OAKWOOD AVE ATTN: N PIVEN NORWALK, CT 06850 15350 SW SEQUOIA PKWY #300 PORTLAND, OR 97224 2S101DA00103 2 101AD03500 GK TRIANGLE CORPORATE PARK III L PAC REA ASSOCIATES BY KBS REALTY ADVISORS ATTN: N -BEN CIO THOMSON REUTERS INC 153 W S OIA PKWY #300 PO BOX 130174 Ri'TLAND, OR '7224 CARLSBAD, CA 92013 101DA00102 2S101DD00100 GK "TANGLE ORPORATE PARK III L • PAPE, SHIRLEY N & BY KBS ' ' TY ADVISORS TOOKE, DIAN P & C/O T : ° •N REUTERS INC PAPE, TERRANCE E PO 1SX 1301 • 355 GOODPASTURE ISLAND RD RLSBAD, CA 92013 EUGENE, OR 97440 2S101DD00500 2S101DA01000 HOFF, CHARLES V & PARAGON INVESTMENTS LLC FRENCH, WILLIAM P 7100 SW FIR LP 6755 SW SANDBURG ST TIGARD, OR 97223 TIGARD, OR 97223 2S101AC01600 2S101DA02100 NEIMEYER, JOHN SORGENTE PROPERTIES LLC 15 82ND DR STE 210 6960 SW VARNS ST GLADSTONE, OR 97027 TIGARD, OR 97223 21E06 00400 TEMPLE CORP LATTER DAY STS 50 E NORTH ST #22 SALT LAKE CITY, 84150 2S101DD00400 TOC MANAGEMENT SERVICES INC 6825 SW SANDBERG ST TIGARD, OR 97223 2S101DA00104 TRIANGLE POINTE LLC 901 NE GLISAN ST #100 PORTLAND, OR 97232 2S101DB00901 VARNS CORNER LLC 7000 SW YARNS PORTLAND, OR 97223 2S101DA00800 VARNS STREET II LLC 7105 SW VARNS ST PORTLAND, OR 97223 2S101DA02000 WEST COAST LUMBER INSPECTION BUREAU INC 6980 SW VARNS • PORTLAND, OR 97223 25101 DD00600 WESTERN FAMILY HOLDING INC PO BOX 4057 PORTLAND, OR 97208 2S101AD03100 WESTON INVESTMENT CO 2154 NE BROADWAY PORTLAND, OR 97232 2S101DA00900 WESTON INVESTMENT CO LLC 2154 NE BROADWAY, STE 200 PORTLAND, OR 97232 ••1010D00111 WE 0 ESTMENT CO LLC 215' 1_ '!'OADWAY, STE 200 ' 97232 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Ti ard, OR 97281 7650 SW Beveland Street, Suite 120 g Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82 Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 , Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 -6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD o EAST INTERESTED PARTIES (i: \curpin \setup \labels \CIT East.doc) UPDATED: 28- Sep -09 M-r 10 CU C) )••• SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN: The City of Tigard, Oregon ( "City ") AND: Deacon Development Group, LLC dba Deacon Development Group; Triangle Pointe, LLC ( "Deacon ") DATED: May 18, 2010 RECITALS A. On July 7, 2009, Deacon Development Group applied for permission to erect three signs on the Triangle Pointe Building located at 13333 SW 68 Parkway, Tigard, OR 97223. B. On July 7, 2009, the City issued three permits (SGN2009- 00 1 6 1, SGN2009- 00162, and SGN2009- 00163) ( "Permits ") to Deacon for three wall signs on the Triangle Pointe Building located at 13333 SW 68 °i Parkway, Tigard, OR 97223. The Permits allow for three, 800 square foot wall signs, each with dimensions of 25' x 32' ( "Signs "). Subsequent to issuance of the Permits, Deacon put up the Signs (herein after referred to as "Signs ") on the Triangle Point Building. C. On November 6, 2009, the City received a complaint about one of the Signs and performed a review of the Permits, permit application materials submitted by Deacon, and an on- site inspection of the Signs. Upon review and inspection, the City determined that the Permits and Signs were in violation of the Tigard Community Development Code ( "CDC "). D. The City and Deacon ( "Parties ") then entered into discussions to resolve the City's concern that the permits were issued not in compliance of the Permits and Signs with the CDC. E. On March 10, 2010, the City submitted an application for the revocation and voidance of the Permits ( "Application "), to be determined by a Hearings Officer subsequent to a hearing scheduled for May 24, 2010. F. The Parties wish to fully and finally resolve all matters among them arising out of or in any way connected with the Permits, Signs, and Application, subject to the contingencies set forth below. AGREEMENT NOW, TI- IEREFORE, in consideration of the mutual promises and covenants contained in this Settlement Agreement and Mutual Release ( "Settlement Agreement "): 1. Scope. This Settlement Agreement resolves and releases all claims between the Parties arising from or in any way related to the Permits, Signs, and Application. Page 1 — SETTLEMENT AGREEMENT AND MUTUAL RELEASE 50014-36794 I92928.dorvUr /57/I010 2. The Permits are Void. The Parties agree that on June 11, 2010, the Permits shall automatically be void and unenforceable as a matter of law. On or before that same day, Deacon shall take clown the Signs. 3. Rescind Application. The City shall rescind the Application upon execution of this Settlement Agreement by all of the Parties. 4. Fines. The City agrees not to impose any fines on Deacon, related to the Permits, Signs, and Application. 5. Release of Claims. The Parties to this Settlement Agreement, together with all related and affiliated entities and persons, hereby release one another from any claims they have or may have arising out of the Permits, Signs, and Application, including, but not limited to, any and all claims, demands, causes of action, actions, violations, rights, liabilities, contract obligations, damages, attorney fees, costs, interest, torts, suits, debts, sums of money, accountings, reckonings, bills, covenants, controversies, agreements, promises, variances, trespasses, and executions whatsoever, at law or in equity, known, or unknown, or based upon misrepresentation or mistake, which any party now owns or holds, or at any time before owned or held, or may in the future own or hold, against one another including, but not limited to, all such claims which are related in any way, directly or indirectly, to the Permits, Signs, and Application (excluding any application, permit or sign Deacon may seek, be granted permission to erect or establish in the City other than the Permits, Signs and Application described herein and that Deacon may so establish within the City), and subject to the exclusion above any claims alleged by the Parties or that could have been alleged by the Parties related to the Permits, Signs, and Application, as of' the effective date of this Settlement Agreement. 6. Disputed Terms of This Settlement Agreement. The Parties agree that Judge Sid Brockley shall be the final arbiter of any disagreements regarding this Settlement Agreement. 7. Enforcement of This Settlement Agreement. The Parties stipulate that violation of this Settlement Agreement may be enforceable in a court of proper jurisdiction by way of injunctive relief. 8. Disputed Claim. The Parties agree that this is a settlement of a disputed claim and that execution of this Settlement Agreement is not an admission of any wrongdoing on the part of any Party. 9. No Admission of Liability. The Parties to this Settlement Agreement agree that the consideration and mutual releases provided in this Settlement Agreement do not constitute an admission of liability on the part of any of the Parties and that liability is expressly denied. 10. Entire Agreement. This Settlement Agreement sets forth the entire understanding of the Parties with respect to the subject matter of this Settlement Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter. 11. Waiver. A provision of this Settlement Agreement may be waived only by a written instrument created by the party waiving compliance. No written waiver by the City shall be effective unless approved by a majority vote of the Tigard City Council during a public meeting. No waiver of any provision of this Settlement Agreement shall constitute a waiver of any other provision. Failure to Page 2 — SETTLEMENT AGREEMENT AND MUTUAL RELEASE 50111l -36 /929.M.,d,c1 d 57 /20/0 enforce any provision of this Settlement Agreement shall not operate as a waiver of such provision or of any other provision. 12. Severability. If any provision of this Settlement Agreement is determined to be invalid or unenforceable in any respect for any reason, the validity and enforceability of the remaining provisions of this Settlement Agreement shall not in any way be impaired. 13. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever is instituted, including without limitation any proceeding under the U.S. Bankruptcy Code, to interpret or enforce any provision of this Settlement Agreement, or with respect to any dispute relating to this Settlement Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable fees for attorneys, paralegals, accountants, and other experts and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, mediation, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 14. Governing Law. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 15. Voluntary Agreement, The Parties represent and agree that each fully understands his /her /its right to discuss all aspects of this Settlement Agreement with his /her /its attorney, and each has voluntarily entered into this Settlement. Agreement freely of his /her /its own will and without coercion. 16. Counterparts. This Settlement Agreement may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. Facsimile and e -mail (scanned) signatures shall operate as original signatures with respect to this Settlement Agreement. 17, This Settlement Agreement shall not provide precedent to any other property in the City of Tigard. PLEASE REAL} CAREFULLY. THIS SETTLEMENT AGREEMENT INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. Ron Bunch Timothy V. Ramis OSB #75310 Director of Community Development City Attorney for City of Tigard City of Tigard - Wendie Kellington, OSB #832589 Attorney for Deacon • Page 3 — SETTLEMENT AGREEMENT AND MUTUAL RELEASE suni .r - 3794 i9292R.,mcflc'Y7lznln 1 enforce any provision of this Settlement Agreement shall not operate as a waiver of such provision or of • any other provision. 12. Severability. If any provision of this Settlement Agreement is determined to be invalid or unenforceable in any respect for any reason, the validity and enforceability of the remaining provisions of this Settlement Agreement shall not in any way be impaired. 13. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever is instituted, including without limitation any proceeding under the U.S. Bankruptcy Code, to interpret or enforce any provision of this Settlement Agreement, or with respect to any dispute relating to this Settlement Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable fees for attorneys, paralegals, accountants, and other experts and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, mediation, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 14. Governing Law. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 15. Voluntary Agreement. The Parties represent and agree that each fully understands his/her /its right to discuss all aspects of this Settlement Agreement with his/her /its attorney, and each has voluntarily entered into this Settlement Agreement freely of his/her /its own will and without coercion. 16. Counterparts. This Settlement Agreement may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. Facsimile and e -mail (scanned) signatures shall operate as original signatures with respect to this Settlement Agreement. 17. This Settlement Agreement shall not provide precedent to any other property in the City of Tigard. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. • await _..... ............ Ron. Bunch Timothy V amis r SB #75310 Director of Community Development City Attorney for City of Tigard City of Tigard Wendie Kellington, OSB #832589 Attorney for Deacon Page 3 — SETTLEMENT AGREEMENT AND MUTUAL RELEASE 50014- 36794192928.doc &TC /5/7/2010 enforce any provision of this Settlement Agreement shall not operate as a waiver of such provision or of any other provision. 12. Severability. If any provision of this Settlement Agreement is determined to be invalid or unenforceable in any respect for any reason, the validity and enforceability of the remaining provisions of this Settlement Agreement shall not in any way be impaired. 13. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever is instituted, including without limitation any proceeding under the U.S. Bankruptcy Code, to interpret or enforce any provision of this Settlement Agreement, or with respect to any dispute relating to this Settlement Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable fees for attorneys, paralegals, accountants, and other experts and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, mediation, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 14. Governing Law. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 15. Voluntary Agreement. The Parties represent and agree that each fully understands his /her /its right to discuss all aspects of this Settlement Agreement with his /her /its attorney, and each has voluntarily entered into this Settlement Agreement freely of his /her /its own will and without coercion. 16. Counterparts. This Settlement Agreement may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. Facsimile and e -mail (scanned) signatures shall operate as original signatures with respect to this Settlement Agreement. 17. This Settlement Agreement shall not provide precedent to any other property in the City of Tigard. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. Ron Bunch Timothy V. Ramis OSB #75310 Director of Community Development City Attorney for City of Tigard City of Tigard 6( Wendie Kellington, OSB #832589 Attorney for Deacon Page 3 — SETTLEMENT AGREEMENT AND MUTUAL RELEASE 5001 -1-36794 )92928,1o6BJC /5 /Z'2Dlo Deacon Development Group. LLC dba Deacon Development Group Title: t !t Name: i i riangle Pointe. LLC By:. Name: Page 4 — SET] LEMENT AGREEMENT AND MUTUAL RELEASE soot r - -;6„9 19292S .c,oce.i( 5/2'2010 Patty Lunsford From: Patty Lunsford Sent: Friday, May 21, 2010 12:28 PM To: Webteam Cc: Gary Pagenstecher; Susan Hartnett; Ron Bunch; Joe Turner Subject: Cancellation of Public Hearing for MIS2010- 00001 /Revocation & Voidance of Triangle Pointe Sign Permits Joe, The City of Tigard and the owners of the Triangle Pointe Building have settled this issue as of today, therefore the public hearing before the Hearings Officer on May 24, 2010 needs to be cancelled. WEBTEAM: Please remove from the city's website at http://www.tigard- __L1cv /cit;- hall /Jey IrnenLs /cd /code amendment.asp and at http: / /www.tigard- or.gov /city hall /public notices /default,asp. Thank you! Patty Lunsford /patty @tigard - or.gov Patty Lunsford From: Joe Turner [jtpc ©verizon.net] Sent: Thursday, March 25, 2010 8:44 AM To: Patty Lunsford Subject: Re: Triangle Pointe Signs Revocation Hearing Joe Turner is out of the office from March 22 thorugh 26, 2010. I will check my email periodically while I am gone. I will respond to emails when I return on Monday March 29. On Mar 25, 2010, at 8:43 AM, Patty Lunsford <PATTY a,tigard- or.gov> wrote: Hi Joe, We need to reschedule the 4/12/10 public hearing on the Triangle Pointe signs revocation hearing. The city is attempting to accommodate the applicant's attorney's schedule so I was asked to see if you can hold the following dates to potentially conduct the hearing until we get a confirmation from our attorney's office. The dates are: 5/10, 5/24, 6/14 and 6/28. Please let me at your earliest convenience if you can hold these dates and we will notify you immediately once a date is confirmed. Thank you! Patty Lunsford • /patty(&,tigard-or.gov - received by City of Tigard employees are subject to public record laws. if requested, e -mail unless exempt from disclosure under Oregon Public Records Law. E -mails are retained H - mmm.F; with the Oregon Administrative Rules "City General Records Retention Schedule. • 1 Patty Lunsford From: Susan Hartnett Sent: Wednesday, March 24, 2010 4:47 PM To: Patty Lunsford Cc: Gary Pagenstecher Subject: Finding dates for Triangle Point Revocation Hearing Importance: High Hi Patty — Damien received a letter from Wendie Kellington with the following information about dates she and /or her clients are unavailable to participate in a hearing before the Hearings Officer. Can you please get back to me ASAP with dates that are possible given the notice requirements, HO availability, Gary's availability, and anything other factors you can think of. Damien will work with Wendie to finalize the decision. Please make sure you hold all possibiel dates with the HO until we have a decision. Thanks — Susan Dates Unavailable April 2010 May 2010 June 2010 9, 12, 13, 15, 16, 19, 4, 9, 17, 19, 20, 26- 1, 2 -9 21, 27, 28 31 c eivod by City of Tigard employees are subject to public record laws. If requested, e -mail . ( exempt from disclosure under Oregon Public Records Law. E -mails are retained the Oregon Administrative Rules "City General Records Retention Schedule." f_b21 ci )-/ 1 1 5 ro Pr %4 "-/X 4114 DI' l'/Ag • `r '« JORDAN d 174 � , l y SCHRADER March 19, 2010 ATTORNEYS AT LAW JORDAN SCI - TRADER RAMIS PC Wendie L. Kellington Attorney at Law, P.C. P.O. Box 1930 Lake Oswego OR 97035 Re: Triangle Point Signs Community Development / Urban Renewal Our File No. 50014 -36794 • Dear Ms. Kellington: HARLAN E. JONES I am writing in response to your letter to Tigard Community Development Admitted In: Director Ron Bunch, dated March 17, 2010. Oregon and Washington Because you had the impression that the City was about to initiate a code • violation proceeding, I can entirely understand your letter. however, the hearing referenced by Mr. Pagenstecher will not be for a code violation. The hearing will be for the revocation and voidance of the sign permits • (SGN2009- 00161, SGN2009- 00162, and SGN2009- 00163) issued on July 7, Direct Dial. 2009. (503) 598 -5591 The public hearing will be before a hearings officer, with local appeal rights E -mail to the City Council. Formal notice of the public hearing, including the had an.jones(apjordanschrader can applicable review criteria, will be provided pursuant to the requirements of the Tigard Development Code. In the ordinary course,. the City would issue a hearing notice and the hearing would take place within thirty days. In this case, the City is agreeable to consulting with you in advance of publishing the hearing notice so that the date is convenient for all parties and the notice is issued accordingly. • Based on the above information, it appears to me that most if not all of the documents requested in your letter of March 17, 2010 are not pertinent. $ Please let me know if you still want some or all of the documents. 101W I;ES G mnlluginm 50014-36794 /891 83. doc I CED /3/19/1010 Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598,7373 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598.7070 JORDAN SCHRADER RAMISPC Wendie Kellington, March 19, 2010 Page 2 Finally, Mr. Bunch has asked us to express regret for any misunderstanding resulting from prior communications from the City. Sincerely JORDA SCHRADER e.' PC • • H . C. Jones 50014-36794 189183. d o c I CED /3/19/1010 REouEssr rDi CsDkimEitir3 PLANNING Y MAR 31 2010 : City of T T I G A R D REQUEST FOR COMMENTS CITY OF TIGARD DA 1'E: March 12, 2010 RECEIVED TO: Oregon Department of Transportation Right - of - Way Section MAR 1 5 2010 FROM: City of Tigard Planning Division IR/ W HO STAFF CONTACT: Gary Pagenstecher, Associate Planner Phone: (503) 718 -2434 Fax: (503) 718 -2748 Email: garyp(a,tigard- or.gov MISCELLANEOUS (MIS) 2010 -00001 - RECONSIDERATION OF TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to reconsider the validity of 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. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistnct 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. Attached are the Site Plan, Vicinity Map and Applicant's Statement /Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 26, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting: /4 ., ,` k..e 0 p 0T co . 2- 7 g6,- 3_ /( . V OF !.'jam � Capitol St NE t",:. oom 420 CO C O regon Department of Transportation Right of Way Section r8 B9 Theodore R. Kulongoski, Governor 355 C a p • Salem, OR 97301 -3871 (503) 986 -3600 March 26, 2010 Fax: (503) 986 -3625 www.oregon.gov /odot /hwy /row Gary Pagenstecher, Assoc Planner By fax and regular mail City of Tigard 13125 SW Hall Blvd Tigard OR 97223 RECEIVED PLAI■!NING MAR 31 201U CITY OF TIGARD RE: MIS 2010 -00001 — Comments from Oregon Department of Transportation Outdoor Advertising Sign violation Washington County, US Route 1 -5 West Side, Hwy 001, approximate milepoint 292.27 (Also visible to Oregon Route 217, East side, Hwy 144, approximate milepoint 7.10) Mr. Pagenstecher: Please accept these comments regarding the city's reconsideration of Triangle Point Sign Permits. The state through ODOT regulates signs on private property where visible to a state highway. The relevant laws are under the Oregon Motorist Information Act (OMIA), ORS 377.700 — 377.992, and Oregon Administrative Rules chapter 734. The sign at issue is visible to both US I -5 and Oregon 217. Therefore it must comply with the requirements of the OMIA. The ODOT sign program had issued a violation notice to the owners when the former sign was hung. ODOT had determined that the sign was an "outdoor advertising sign" and as such needed a state permit and could be no larger than 14 feet in height and 48 feet wide. After we issued the violation notice the owners promptly removed the entire sign face. Therefore we withdrew the violation. Recently I received a citizen complaint that the sign had been re- erected. On Wednesday, March 24, I personally inspected this sign and found it to again be on site without permit and larger than the size allowed by law (significantly greater than 14 feet in height). As outdoor advertising the sign is not legal under state law and the Department will again be issuing a violation notice. If you or applicant have any questions of the Department please contact me directly. Sincer- y, / Amy ' o' 0 •oor As ng Signs Program Manager Mar. 26. 2010 3:02PM NOT RIGHT OF WAY No. 0487 P. 1 _ 4 City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: March 12, 2010 pEceIvED TO: Oregon Department of Transportation Right.of -Way Section MAR I 5 2010 FROM: City of Tigard Planning Division R/W HO STAFF CONTACT: Gary Pagenstecher, Associate Planner Phone: (503) 718 -2434 Fax: (503) 718 -2748 Email: garyp @tigard - or.gov MISCELLANEOUS (MIS) 2010 -00001 RECONSIDERATION OF TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to reconsider the validity of the subject sign permits (SGN2009 00161, SGN2009 00162, & SGN2009 00163) issued on July 7, 2009 for the Mangle 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 distxi.ct 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. 99W), Highway 217 and I -S. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit - related park and - ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important those to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to acilitate intradistrict pedestrian and transit trips even for ose w o diyve. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Develoiment Code Chao ters 18.210, 18.230, 18.390, 18.520, 18.620 and 18.780. . Attached are the Site Plan, Vicinity Map and Applicant's Statement /Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 26, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. LPLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. — Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • Name & Number of Person(s) Commenting: r Z a e di A Or, # - ?y , Mar. 26. 2010 3:02PM ODOT RIGHT OF WAY No. 0487 P. 2 Orego Department n flight of Way Section Theodore R. Kulon oski, Governor 355 Capitol St NE, Room 420 Salem, OR 97301 -3871 (503) 986 -3600 March 26, 2010 Fax: (503) 986 -3625 www.oregon.gov /odot /hwy /,row Gary Pagenstecher, Assoc Planner By fax and regular mall City of Tigard 13125 SW Hall Blvd Tigard OR 97223 RE: MIS 2010 -00001 — Comments from Oregon Department of Transportation Outdoor Advertising Sign violation Washington County, US Route 1 -5 West Side, Hwy 001, approximate milepoint 292.27 (Also visible to Oregon Route 217, East side, Hwy 144, approximate milepoint 7.10) Mr, Pagenstecher: Please accept these comments regarding the city's reconsideration of Triangle Point Sign Permits. The state through ODOT regulates signs on private property where visible to a state highway. The relevant laws are under the Oregon Motorist Information Act (OMIA), ORS 377.700 — 377.992, and Oregon Administrative Rules chapter 734. The sign at issue is visible to both US 1 -5 and Oregon 217. Therefore it must comply with the requirements of the OMIA. The ODOT sign program had issued a violation notice to the owners when the former sign was hung. ODOT had determined that the sign was an "outdoor advertising sign" and as such needed a state permit and could be no larger than 14 feet in height and 48 feet wide. After we issued the violation notice the owners promptly removed the entire sign face. Therefore we withdrew the violation. Recently I received a citizen complaint that the sign had been re- erected. On Wednesday, March 24, I personally inspected this sign and found It to again be on site without permit and larger than the size allowed by law (significantly greater than 14 feet in height). As outdoor advertising the sign is not legal under state law and the Department will again be issuing a violation notice. If you or applicant have any questions of the Department please contact me directly. Sincer; y, Amy • o� 0 •oorA• = •': ng Signs Program Manager . City of Tigard T I GA RD REQUEST FOR COMMENTS DATE: March 12, 2010 TO: Christine Darnell, Code Enforcement Officer FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher, Associate Planner Phone: (503) 718 -2434 Fax: (503) 718 -2748 Email: garyp @tigard - or.gov MISCELLANEOUS (MIS) 2010 -00001 - RECONSIDERATION OF TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to reconsider the validity of 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 Tr 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 a Iy to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goo s and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. Attached are the Site Plan, Vicinity Map and Applicant's Statement /Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 26, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. ..2,e Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting: Request for Comments MIS 2010 - 00001, Triangle Pointe Sign Permits Christine Darnell 03 -10 18.210.040 Use of a Development A. Use of a Development. A development shall be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged and intended or which is a continuing nonconforming use. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.210.020 Compliance and Scope A. Compliance with the provisions in this title. Land and structures may be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, only as this title or any amendment thereto permits. No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this title. It may be argued that a building, such as one constructed and used as a multi- tenant office facility, is used for what it was designed, intended, and arranged, while a building used as a surface for advertising media is not. As such, covering or nearly covering the exterior facade of a building with advertising media, and collecting monies for such, is not what the "structure" was designed for. A structure designed, intended, and arranged with the primary purpose of providing advertising space and not occupancy would likely be a more simple structure such as a billboard or freestanding sign. 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.210.020 Compliance and Scope C. Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern. Simply, the most restrictive section, provision, interpretation, and application shall prevail. 18.780.015 Definitions A. Definitions. Page 1 of 3 • 55. "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. 18.780.130 Zoning District Regulations D(2). Wall signs shall have certain limitations and conditions when permitted on properties zoned C-P including: a. Wall signs, including illuminated reader - boards, 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, If the three primarily "end cap" type walls are 68' by approximately 77', the square footage would be 5236. The limitation for a wall sign of 5% of the that wall would mean that signs on those walls are limited to approximately 262 square feet. The respondent's sign is 800 square feet. If each of the two 6' wide sections of the wall that are parallel but not in line with the main 68' wall are added to the square feet of the building wall, the wall face would be approximately 6160 square feet. The allowable sign size would increase to approximately 308 square feet, but again, the respondent's sign is 800 square feet. 18.780.130 Zoning District Regulations D(2). Wall signs shall have certain limitations and conditions when permitted on properties zoned GP including: b. Wall signs shall be parallel to the face of the building upon which the sign is located,... 18.780.015 Definitions A. Definitions. 20. "Face of a building" means all windows and wall areas of a building in one or more parallel planes. Merriam Webster defines Parallel as "1 a : extending in the same direction, everywhere equidistant, and not meeting <parallel rows of trees> b : everywhere equally distant < concentric spheres are parallel > " The respondent claims the City changed their interpretation of "wall face" in order to rescind the decision that the subject building was a "3 sided" building. Pursuant to the Merriam Webster definition of "parallel ", it is clear that if this building is to be considered a "3 sided building" the sides of the building are not comprised of parallel walls. As such the applicable criteria is not relative to how many or few "sides" a building has, but the fact that calculation of the permissible size is determined by the "wall face on which the sign is to be mounted" and also that "...signs shall be parallel to the face of the building upon which the sign is located. ". Since the signs in question are only parallel to the walls noted in the comment above (to equal 5236 or 6160 square feet), a wall sign on those walls could not include calculations from other non - parallel walls and still qualify as a wall sign. 18.780.015 Definitions A. Definitions. 52. "Temporary sign" means any sign, banner, lawn sign or balloon which is not permanently erectedor permanently affixed to any sign structure, sign tower, the ground or a building: Page 2 of 3 b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; 55. "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. Merriam Webster defines fabric as: 4 a : cloth la b : a material that resembles cloth Cloth: 1 a : a pliable material made usually by weaving, felting or knitting natural or synthetic fibers and filaments A temporary sign includes a banner. A banner is a sign made of fabric or other nonrigid material. The respondent's sign is, by their own explanation, composed of vinyl, aluminum, and cable. The vinyl is a large non -rigid sheet, a vinyl fabric, or cloth. Thus the respondents sign is a banner. 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 6. To minimize distractions for motorists on public highways and streets. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. See ODOT regulations. 18.210.070 Official Action B. Severability. Any permit or approval issued or granted in conflict with the provisions of this chapter shall be void. 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re- erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. As the signs in question, whether by misinterpretation or error, do not meet the provisions of the title, the permits issued are void. Signs require permits. Thus continued use /display of these signs is a violation of this title. 18.230.030 Penalty C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. Finding that the sign does not meet regulations and that the permit is void also means the sign must be brought into compliance. This may include decreasing the sign size and constructing the sign in a manner consistent with the requirements for the type of sign on the requested permit, removing the sign entirely. Page 3 of 3 ., • City of Tigard TIGARD REQUEST FOR COMMENTS DAl'E: March 12, 2010 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher, Associate Planner Phone: (503) 718 -2434 Fax: (503) 718 -2748 Email: garypetigard- or.gov MISCELLANEOUS (MIS) 2010 -00001 - RECONSIDERATION OF TRIANGLE POINTE SIGN PERMITS - PROPOSAL: The City proposes to reconsider the validity of 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 com 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. 99W), Highway 217 and I -5 This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi - family housing 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, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. Attached are the Site Plan, Vicinity Map and Applicant's Statement /Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 26, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. — Written comments provided below: Name & Number of Person(s) Commenting: • rITY OF TIGARD REQUEST FOP COMMENTS C -7° 5 7_1_0 • NOTIFICE. .1N LIST FOR LAND USE & COMMUNITY D....LOPMENT APPLICATIONS (' FILE NOS.: (/� S0,01 D - / FILE NAME: REZ &) -ax . J DI b 67i J Al 0 4. CITY OFFICES . 7 1 C.D. ADMINISTRATION /Ron Bunch, CD Director X DEVELOPMENT SERVICES /Gus Duenas, Development Engineer _ PUBLIC WORKS /Brian Rager, Assistant PW Director 4- C.D. ADMINISTRATION /Susan Hartnett, Asst. CD Director DEVELOPMENT SERVICES/Todd Prager, Assoc. Planner /Arborist _ PUBLIC WORKS /Steve Martin, Parks Manager _ CITY ADMINISTRATION /Cathy Wheatley, City Recorder _ BUILDING DIVISION /Mark Vandomelen, Building Official PUBLIC WORKS/Ted Kyle, City Engineer DEVELOPMENT SERVICES /Planning- Engineering Techs. _ POLICE DEPARTMENT /Jim Wolf, Crime Prevention Officer )C HEARINGS OFFICER ( +2 sets) / LONG RANGE PLANNING /Christine Darnell, Code Compliance Specialist (DCA) _ PLANNING COMMISSION ( +12 sets) I— X FILE /REFERENCE ( +2 sets) SPECIAL DISTRICTS _ TUAL. HILLS PARK & REC. DIST.*_ TUALATIN VALLEY FIRE & RESCUE * _ TUALATIN VALLEY WATER DISTRICT * _ CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall 1850 SW 170 David Schweitzer /SWM Program Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97006 2550 SW Hillsboro Highway Beaverton, OR 97005 -1152 Hillsboro, OR 97123 LOCAL AND STATE JURISDICTIONS z CITY OF BEAVERTON * _ CITY OF TUALATIN * _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks, Dev. Svcs. Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301 -1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING * _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 11t 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 City Manager Portland, OR 97232 -2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. _ Joanna Mensher, Data Resource Center (ZCA) _ US ARMY CORPS. OF ENG. Durham, OR 97224 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps a CWS Letter Only) _ O. Gerald Uba, Ph.D., (CPA/DCA/ZON) Mara Ulloa (Comp. Plan Amendments 8 Measure 37) Routing CENWP -OP -G _ CITY OF KING CITY * 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager Salem, OR 97301 -2540 Portland, OR 97208 -2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY * _ OR. DEPT. OF ENERGY (PowedinesinArea) _ OR. DEPT OF AVIATION (Monopole Towers) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Planning 155 N. First Avenue CITY OF LAKE OSWEGO * Routing TTRC – Attn: Renae Ferrera 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Portland, OR 97208 -3621 _ Naomi Vogel-Beattie (General Apps Lake Oswego, OR 97034 _ Planning Division (ZCA) MS 14 _ OR.DEPT.OF ENVIRON.QUALITY (DEQ) ODOT, REGION 1 * _ Brent Curtis (CPA) _ CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _ Development Review Coordinator _ Doria Mateja (zcA) Ms 14 Planning Bureau Director Regional Administrator _ Carl Torland, Right -of -Way Section (vacations) _ Sr.Cartographer (CPA/ZCA) MS to 1900 SW 4 Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim Nims, surveyor HS r5 Portland, OR 97201 Portland, OR 97201 -4987 Portland, OR 97209 -4037 ,,/ (�4 _ OR. PARKS & REC. DEPT. _ WA.CO.CONSOL. COMM.AGNCY V' ODOT, REGION 1 - DISTRICT 2A *f' , w ODOT, RAIL DIVISION STATE HISTORIC Dave Austin (WCCCA) "911 "(Menopole Chad Gordon, Assistant District Manage (Notify (Notify if ODOT R/R -Hwy. Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road 1 w j , Dave Lanning, Sr Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton, OR 97007 -0375 Portland, OR 97221 ot' 4� � 555 -13' Street, NE, Suite 3 725 Sumner Street NE, Suite C 90 Salem, OR 97301 -4179 Salem, OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _ PORTLAND WESTERN R /R, BURLINGTON NORTHERN /SANTA FE R /R, OREGON ELECTRIC R/R (Burlington Northern /Santa Fe RJR Predecessor) Bruce Carswell, President & General Manager 200 Hawthorne Avenue SE, Suite C320 Salem, OR 97301 -5294 — SOUTHERN PACIFIC TRANS. CO. R/R — METRO AREA COMMUNICATIONS _ COMCAST CABLE CORP. _ TRI -MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations Only) Gerald Backha (see Map for Area Contact) (If Project is Within ' /.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S -6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006 -4886 Portland, OR 97232 _ PORTLAND GENERAL ELECTRIC — NW NATURAL GAS COMPANY _ VERIZON _ QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer, Engineering Coord. John Cousineau, OSP Network Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209 -3991 Beaverton, OR 97005 Portland, OR 97219 _ TIGARD /TUALATIN SCHOOL DIST. #23J_ BEAVERTON SCHOOL DIST. #48 _ COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC. Teri Brady, Administrative Offices Jennifer Garland, Demographics Alex Silantiev (See Map for Area Contact) Brian Every (Apo E.ol HaluN.of 99w) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223 -8039 Beaverton, OR 97006 -5152 Beaverton, OR 97008 Tigard, OR 97223 -4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY /ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h \patty \masters \Request For Comments Notification List.doc (UPDATED: 8- Mar -10) (Also update: is \curpin\ setup \labels\ annexations \annexation_ utilities and franchises.doc, mailing labels 8 auto text when updating this document) l t t � ��A t r r f " - *� , d5 �7 fiy. �SS rt s - ry;g,,y> , 3- 986 -3625 January 8, 2009 CERTIF IED & REGULAR MAIL Icon Groupe LLC Deacon Development Group, LLC .. 1941 1st Ave S 901 NE Glisan Suite 3A #100 Seattle WA 98134 Portland OR 97232 Re: NOTICE OF VIOLATION & ORDER OF REMOVAL - Outdoor Advertising Sign Washington County, US Route 1 -5 West side, Hwy 001, Approximate Milepoint 292.27 (Also visible to Oregon Route 217, East side, Hwy 144, approximate milepoint 7.10 The director of the Oregon Department of Transportation (ODOT) through the Outdoor Advertising Sign Program has determined that the referenced sign is in violation of the Oregon Motorist Information Act (OMIA), Oregon Revised Statute (ORS) 377.700 to 377.840 and 377.992. A photograph of the sign is enclosed. The law applies to your sign. m You have an ownership interest in the sign. ORS 377.775. o The sign is an "outdoor advertising sign" because it is posted for compensation, or it is not at the location of a business or an activity open to the public. ORS 377.710(20) & (26); OAR 734 -059- 0020, 734 - 059 -0025, 734 - 059 -0030. a The sign is subject to the OMIA because it is an outdoor advertising sign that is visible from the state highway. ORS 377.715; 377.710(17), (31) & (37). Your sign violates the law. m The sign violates the law because it is an outdoor advertising sign without a permit. ORS 377.725; 377.715. ® The sign violates the law because it exceeds the size allowed by law, it is more than 14 feet in height and exceeds 825 square feet, ORS 377.745 Your sign violates the law for both of these reasons. You will need to correct both of these violations to make your sign comply with the law. What you need to do. Under ORS 377.775, you must do at least one of the following three things within 30 days of the mailing date of this notice: 1. Remove the sign. includina its structure. (The structure is Hart of the sinn. ORS :177 71f(2tTh P/airnrnj Secretary Ao±erkJs 1 �•" �� 4 . .MOMS ail. 1 t ilh:EI Et II 4%, ;prc 1 VICINITY MAP 1 11.111111 II i MOM .. 11I o� a�Rr MIS2010 00001 a Y • ■ � ■ i � .%, ' -� -,, ■ ar IMF! Nona t .. . ■ _ ?fir REVOCATION AND � � _ 111111 � � r� �� 1111111111 i VOIDANCE OF TRIANGLE AM' s r IN ■• •• Will 111. 4.4 � It16r POINTE SIGN PERMITS • MI UM 11111112m• N 2_ . .1 ■lit, *agAir % I , tlali % — ,.a .,.r: `\ J '\ `�,�\ PiamlNIVK Jima � � � ' i i! k li. Subject Site ''`‘..-- 9 4 �,� . III _ I \ ‘\• i ' , . • Al I NI& - \ /11 .., ♦ tt s 'iii. �y 7 ilk r 7t i49vI1 Y :p po � m ii -L \~ i I P f /�RtSE Q4 _. • 1 M .. _.,::;_„):,---/ i 7 , � , i. h am~ f ` • 1 C , ,t om �•l • ,- • ') .l _ Info on this map is for general location nt ____ o nly and should be verified with the Developme /A ' �. • -.�� _ �� •, Services Division. 411 16 1 7 ----.ft '` AU la Scale l:8,W0 -1 in = 667 ft f � -_„`_ __ Map printed at 08:43 AM on 28- Apr -10 li M� — DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD HE ,�• MAKES NO WAR REPRESEN CO OR GUARANTEE AS TO T CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE I ,_ I '� • DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO 1 il �I•IIr /I.�:4 .(i ♦� ; L'' f INFORMATIONPROVIDE S DREGARDLESSO FHOW� ' THE CAUSED 1 , _ _ _ , CI ty of Tigard Feet II - -- . _ - _• e eD 13125 SW Hall Blvd f - - T APS Tigard, OR 97223 • 0 1000 - - - — Al 503639171 14+ ! www.tigard -or.gov I , . 11 1 � �� i T16 ARD re I/�j • j : 4 m ■: •... • o ��,� 1 ; 1.4° • I i1 Area Notified (500 Ft) w 1.• . 4111 iiiii11111111 .:rin �- la ■�A�11r • 11111 . 0� John Floyd rum r � ■ � ■ � ■ �� -:. ■. ... ,� 2S 101 DA, 104 ` Minn ■.i AIWA. ■111, 13333 SW 68th Pkwy. • W ■'. es 11 ..B . ll111111I �� ■ a • ■ ■�NM ■ oo ■■ • ■4i �� Vllpim II .. ■ E .= �, I I V a NM Mir ./Oitia MINNIK \. .1. & at._ libililm& , \ r .mein ■ ■■ •ii i` ` 1 • PIRAIMPINI ir L M ■ ■ ■. �� ':::■ ■ ■ '■ ` � � �\ 1 � �• WA Subject Site III i.�`\ , ,�.j.�.�.jj� 1 ` ' _ Property owner information is valid II 111 � 'NIL • or mons ro f 3 t h fm he e printed on 1\ '�♦�•�♦�♦� ■ this m dat /11111111. r \� . .� 1 l \ �� Lake�Oswego ■ Map Printed: 11- Mar -10 A i f i lk ■ , I Information on this map is for general location ma 1 ' be ver'rfi w th ' ' , only and should Services D ivis on. he Development CO ■ DATA IS OERrVED FROM Ml1LTPLE SOURCES. THE CfTY OF 71GARD MIKES NOT C RANTV, S ORC N,OR M GUARANTEE AS TO THE 1 !_ L NTE C ACURACY, TIMEINESS OR COPLE OF ANV OF THE DATA N PROVIDED HEREIN. THE CITY R TENESS L ASSUME NO V)4:k . ■ � � La1ABI FOR ANY ERRORS. OMISSIONS. OR INACCURACIES IN THE III INFORMATION P REGARDLESS OF HOW CAUSED. Nr ' • w COMMUNITY DEVELOPMENT DEPARTMENT ■ • 1 I. Ciy of Tigard 13125 SW Hall Blvd 0 0 1,300 1 �� Tigard, OR 97223 .,N , NUM Feet ' ■ =� 503639171 www.tigard- or.gov ■1` ■1` 101DA000 2S101DA01700 NELSON VIAL LLC 7000 SW VARNS PORTLAND, OR 97223 101DA000 0 2 01DA01901 NEL - •N - LLC 7001 : n ARNS •RTLANI, •±R 97223 2S101DA00105 2S101DA00101 BRE /HV PROPERTIES LLC PACIFIC NW PROPERTIES LIMITED PA TAX DEPTARTMENT STERN FAMILY LIMITED PARTNERSHIP & EXTENDED STAY HOTELS STERN, HELEN R REV TRUST 100 DUNBAR ST 6600 SW 105TH AVE #175 SPARTANBURG, SC 29306 BEAVERTON, OR 97008 21E06 01300 101DA00100 CENTERPOINTE OWNERS ASSOC PA C NW PROP- RTIES LIMITED PA 1 SW COLUMBIA #1212 STERN MILY ITED PARTNERSHIP & PORTLAND, 97258 STERN, H R REV TRUST 6600 - • 0 105TH • #175 • VERTON, OR 9 008 2S101DA01100 2S101DA01600 CHINOOK INVESTMENT COMPANY PACIFIC PLAZA FIR LOOP LLC 25 NW 23RD PL STE 6 7140 SW FIR LOOP #220 BOX 454 PORTLAND, OR 97223 PORTLAND, OR 97210 2S101DA01500 2S101AD03200 DHS LLC PACIFIC REALTY ASSOCIATES 15 OAKWOOD AVE ATTN: N PIVEN NORWALK, CT 06850 15350 SW SEQUOIA PKWY #300 PORTLAND, OR 97224 2S101DA00103 2'101AD03500 GK TRIANGLE CORPORATE PARK III L PAC RE • ASSOCIATES BY KBS REALTY ADVISORS ATTN: N : N C/O THOMSON REUTERS INC 153 0 W S OIA PKWY #300 PO BOX 130174 ` TLAND, OR 17224 CARLSBAD, CA 92013 101DA00102 2S101DD00100 GK 'TANGLE ORPORATE PARK III L PAPE, SHIRLEY N & BY KB ' ' TY ADVISORS TOOKE, DIAN P & C/O T : ' •N REUTERS INC PAPE, TERRANCE E PO •-•X 1301 • 355 GOODPASTURE ISLAND RD • RLSBAD, CA •2013 EUGENE, OR 97440 2S101DD00500 2S101DA01000 HOFF, CHARLES V & PARAGON INVESTMENTS LLC FRENCH, WILLIAM P 7100 SW FIR LP 6755 SW SANDBURG ST TIGARD, OR 97223 TIGARD, OR 97223 2S101AC01600 2S101DA02100 NEIMEYER, JOHN SORGENTE PROPERTIES LLC 15 82ND DR STE 210 6960 SW VARNS ST GLADSTONE, OR 97027 TIGARD, OR 97223 21E06 00400 TEMPLE CORP LATTER DAY STS 50 E NORTH ST #22 SALT LAKE CITY, 84150 2S101DD00400 TOC MANAGEMENT SERVICES INC 6825 SW SANDBERG ST TIGARD, OR 97223 2S101DA00104 TRIANGLE POINTE LLC 901 NE GLISAN ST #100 PORTLAND, OR 97232 2S101DB00901 VARNS CORNER LLC 7000 SW VARNS PORTLAND, OR 97223 2S101DA00800 VARNS STREET II LLC 7105 SW VARNS ST PORTLAND, OR 97223 2S101DA02000 WEST COAST LUMBER INSPECTION BUREAU INC 6980 SW VARNS PORTLAND, OR 97223 2S101DD00600 WESTERN FAMILY HOLDING INC PO BOX 4057 PORTLAND, OR 97208 2S101AD03100 WESTON INVESTMENT CO 2154 NE BROADWAY PORTLAND, OR 97232 2S101DA00900 WESTON INVESTMENT CO LLC 2154 NE BROADWAY, STE 200 PORTLAND, OR 97232 101DD001 1 WE 0 ESTMENT CO LLC 215 OADWAY, STE 200 RTLAND, R 97232 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82 Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 -6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i: \curpin \setup \labels \CIT East.doc) UPDATED: 28- Sep -09 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION_, ®t °° 13125 SW HALL BOULEVARD= x ®� TIGARD, OREGON 97223 PHONE: 503- 639 -4171 FAX: 503 - 624 -3681 (Attn: Patty/Planning) EMAIL: pan tigard- or.gov REQUEST FOR 500 -FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJEUI' MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT' PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address you must separately identify each tax lot associated with the project.) AL`' ,t /33 41V G ki,,G5, / as /c/oAoo,oq PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. n Completeness Letter Received Indicating 2 Sets of Envelopes w /Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self - adhesive envelopes please) with first class letter - rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTAC1' PERSON: 3ohh Fie rL PHONE: ( SUS ) - /E - € NAME OF COMPANY: Cr'd7 of 7't k•al FAX: ( )- - EMAIL: This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2 - day minim for processing requests. Upon completion of your request, the contact person listed will be called to pick up their . request that will be placed m "Will C'a11" by the company name (or by the contact person's last name if no company) at the Planning /Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre - determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE -TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost t( print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - 4 sheets of labels x $2 /sheet = $8.00 x 2 sets = $16.00 sheet(s) of labels x $2 /sheet = $ x sets = 1 sheets of labels x $2 /sheet for interested parties x 2 sets = $ 4.00 sheet(s) of labels x $2 /sheet for interested parties = sets = GENERATE LIST = $11.00 GENERATE LIST = $ 11.00 TOTAL = $31.00 TOTAL =$ o 2S101DA00104 TRIANGLE POINTE LLC 901 NE GLISAN ST #100 PORTLAND, OR 97232 OD: JC hr M A TER] A S i y LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 7/10/2010 FILE NO.: MISCELLANEOUS (MIS) 2010 -00001 FILE TITLE: REVOCATION AND VOIDANCE OF TRIANGLE POINTE SIGN PERMITS APPLICANT: City of Tigard OWNER: Deacon Development Group 13125 SW Hall Blvd. 901 NE Glisan Street, Suite 100 Tigard, OR 97223 Portland, OR 97232 PROPOSAL: The City pro-Doses 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 Tiprd Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99W), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing 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, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (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. DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ® TYPE III ❑ TYPE IV COMMENTS WERE SENT: MARCH 12, 2010 COMMENTS ARE DUE: MARCH 26, 2010 ® HEARINGS OFFICER (MON.) DATE OF HEARING: APRIL 12, 2010 TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ❑ STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® SIGN PERMITS ❑ EXISTING CONDITIONS ® SITE PLAN ❑ TREE PLAN ❑ IMPACT STUDY ® NARRATIVE ❑ GRADING PLAN ❑ STORM H2O ANALYSIS ® OTHERS STAFF CONTACT: Gary Pagenstecher, Associate Planner (503) 718 -2434 LAND USE APPLICATION Project: cs - . 4-Fr�v 6 - 1 4 r e� Date: 3 4 o 4 261D- COMPLETENESS I .�1C COMPLETE INCOMPLETE STANDARD INFORMATION: N Deed /Title /Proof of Ownership Ai -- Neighborhood Mtg. Affidavits, Minutes, List of Attendeesii%: Impact Study (18.390) A USA Service Provider Letter itI - Construction Cost Estimate Envelopes with Postage (Verify Count� 40 10 # Sets Of Application Materials /Plans - "Paper Copies" (V ) .12 Pre- Application Conference Notes 1 # Sets Of Application Materials /Plans - "CD's" PROJECT STATISTICS: WA" ❑ Building Footprint Size ❑ % of Landscaping On Site ❑ % of Building Impervious Surface On Site ❑ Lot Square Footage PLANS DIMENSIONED: 71)4- ❑ Building Footprint ❑ Parking Space Dimensions (Include Accessible & Bike Parking) ❑ Truck Loading Space Where Applicable •❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown DITIONAL PLANS: Vicinity Map P a%�5 / ❑ Architectural Plan ❑ Tree Inventory Existing Conditions Plan ❑ Landscape Plan . ❑ Site Plan ❑ Lighting Plan TREE PLAN / MITIGATION PLAN: /- ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports)/V- ❑ ❑ ❑ • ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330 (Conditional Use) ❑ 18.630 (Washington Square Regional Center) ❑ 18.775 (Sensitive Lands Review) ❑ 18.340 (Director's Interpretation) , ❑ 18.705 (Access /Egress /Circulation) N 18.780 (Signs) ❑ 18.350 (Planned Development) ❑ 18.710 (Accessory Residential Units) 18.785 (Temporary Use Permits) ❑ 18.360 (Site Development Review) ❑ 18.715 (Density Computations) ❑ 18.790 (Tree Removal) ❑ 18.370 (Variances /Adjustments) ❑ 18.720 (Design Compatibility Standards) ❑ 18.795 (Visual Clearance Areas) ❑ 18.380 (Zoning Map/Text Amendments) . ❑ 18.725 (Environmental Performance Standards) ❑ 18.798 (Wireless Communication Facilities) 1i, 18.390 (Decision Making Procedures /Impact Study) ❑ 18.730 (Exceptions To Development Standards) ❑ 18.810 (Street & Utility Improvement Standards) ❑ 18.410 (Lot Line Adjustments) ❑ 18.740 (Historic Overlay) ❑ 18.420 (Land Partitions) • ❑ 18.742 (Home Occupation Permits) ❑ 18.430 (Subdivisions) ❑ 18.745 (Landscaping & Screening Standards) ❑ 18.510 (Residential Zoning Districts) ❑ 18.750 (Manufactured /Mobil Home Regulations) 18.520 (Commercial Zoning Districts) ❑ 18.755 (Mixed Solid Waste /Recycling Storage) 18.530 (Industrial Zoning Districts) • ❑ 18.760 (Nonconforming Situations) 18.620 (Tigard Triangle Design Standards) ❑ 18.765 (Off- Street Parking /Loading Requirements) ADDITIONAL ITEMS: I: \curpin \masters \forms - revised \land use application completeness review. dot REVISED: 6- Jun -07 Gary Pagenstecher From: Gary Pagenstecher Sent: Thursday, March 11, 2010 1:55 PM To: 'Kendra Howell' Cc: Steve Deacon; Wendie L. Kellington; Tim Ramis; Ron Bunch; Susan Hartnett Subject: RE: Triangle Pointe 1 VM regarding "burger is back on the building" Kendra, I called you on Monday to understand how the new "burger" sign, as a sign for compensation, relates to ODOT's January 8th Notice of Violation & Order of Removal. In response to your Attorney's January 28 letter, I was under the impression that Tim Ramis had similarly made an effort to speak with Ms. Kellington. I am sure they will connect before too long. In brief, two issues were raised in the letter: 1) the question of the City's authority and due process to revoke the sign permits, and 2) the validity of the permits or whether the permits are consistent with the code. On the first point, the City has determined that we are willing to use the enforcement process as provided in 18.230 and suggested by your attorney. Accordingly, a hearing with the Hearings Officer has been set for April 12, 2010. Notice will be sent next week. A staff report will be available by April 5 On the second point, the City simply disagrees with Ms. Kellington's assertion and supporting rational that the permits are valid as a reasonable interpretation of the code. Appropriately, the Hearings Officer will provide impartial findings to the point. Regards, Gary Gary Pagenstecher, AICP Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 503- 718 -2434 garyp @tgard- or.gov From: Kendra Howell [ mailto :kendra.howell @deacon.com] Sent: Thursday, March 11, 2010 12:20 PM To: Gary Pagenstecher Cc: Steve Deacon; Wendie L. Kellington Subject: Triangle Pointe VM regarding "burger is back on the building" Hi Gary, I received your voicemail on Monday regarding the change in content on our south sign at Triangle Pointe. We feel the sign is consistent with the permit the City issued as was the leasing sign it replaced. Both the leasing sign and current sign are of identical dimension. We have not received any calls from the City while our leasing sign was up nor have received any correspondence regarding our 1/28/10 response to your letter of proposed permit revocation. Moreover, our attorney has a telephone message into the city attorn,_, rrom several weeks ago to follow up on ou../28 /10 letter and resolve any potential lingering questions and that call has not been returned. Accordingly, we continue to assume there is no problem with placing signs on our building that are consistent with our City permit. Please feel free to give me a call if you have a specific question. I will look forward to the City's reply to our response to the letter of propsed revocation. Thanks • Kendra Kendra Howell Development Manager Deacon Development Group T: 503.297.8791 F: 503.297.8997 www.deacondevelopment.com DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e -mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 e ° City of Tigard T C A RI Memorandum To: Mayor Craig Dirksen and Members of the City Council From: Ron Bunch, Community Development Director Re: February 23, 2010 Executive Session on Triangle Pointe Wall Signs Date: February 17, 2010 INTRODUCTION An executive session is scheduled for the February 23, 2010 Council meeting to discuss Deacon Development's decision to contest revocation of sign permits for non - compliant wall signs on the Triangle Point Building; formerly Farmer's Insurance . The City Attorney will review the City's legal options, Deacon Development's position and proposed actions to resolve the matter. BACKGROUND / DISCUSSION This matter arose after Deacon Development received over -the- counter approval for wall signs that exceeded the size allowed by the Community Development Code. A permit technician evaluated Deacon's application based on its incorrect calculations of the wall area, and an inaccurate understanding of the design specifications of the Triangle Point Building. By the time the mistake was discovered, space had been leased to a media company and.,630 q. ft. wall signs had been put up. Upon discovery, staff communicated that the signs were illegal and the remedy was to substantially reduce them in size. The City's initial approach was to seek a "soft" landing for Deacon Development to comply with the City's Code. Deacon's representatives were also aware that the Oregon Department of Transportation (ODOT) regulated "bill board" signs within the vicinity of state highways. The ad 700 = 2 ;e./ 7 ° `'1' '`'" essential criteria for ODOT are sign size and if they are displayed for direct` economic gain, such as advertising products or services. ODOT ultimately notified the property owner that the signs violated state law. Subsequently, advertising signs were removed. However, they were replaced with equally large real estate signs promoting the Triangle Point building. The City was also informed by Deacon Development that it still had contractual obligations to provide advertising space. After several meetings and exchange of correspondence, it appeared that Deacon Development was prepared to comply with City Code. There was an understanding that this required revocation of City permits and reapplication for new signs. City staff was prepared to facilitate this. However, in the last few weeks Deacon Development hired new legal representation and has indicated its willingness to aggressively contest revocation of the sign permits. File: Executive Session Memo Deacon signs 2 -23-10 PRE -APP HELD BY: CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Blul, Tigan4 OR 97223 Phone 503.639.4171 Fax: 503.598.1960 File # ruI _ di4d Other Case # Date !I D i By Receipt # Fee . Date Complete efiliffill TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment /Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (I V) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Development Code Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) El Pori,; f- JLtSresG/oio., ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR (Address if available) S33 3 _ .. e L . 44, - 4/t1 Of 77„ , 3 AX ' & AX N. a s.to10 ,40010y TOTAL SITE SIZE ZONING CLASSIFICATION I / ' 9 4as A11,E APPLICANT' Cf Cfi 71 MAILING ADDRESS /QTY /ST /ZIP 13 ieL5 S w NA f/ I3/Yd /?.�� OR 12d-d-3 PHONE NO. FAX 03 6'3 -L,, 71 Vvv PRIMARY CONTACT PERSON PHONE NO. PROPERTY OWNER/DEED HO ER (Attach list if more than one) A Con 6,,,A,,Q4,,o- 'row MAILING ADDRESS/CITY/STATE/ ZIP 90/ kie aS4g Svj /00 Art/ OR 9 701-3 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) — keconSi G evidi . ol i SSO4 .C.6.1. /Orm, APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is \curpin \ masters \land use applications \land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). Jrit 4,t k S k 1 Date ate t TAG l S'I 3,0,49eo(4)(1 b re Date Date Date Date :" y ' ((1,(4 p, 1 :, 5//0/i Applicant/Agent/ a ntative's Sin Date , OVA A tr./ / 7 ,, 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(3); 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 Glisan 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 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(B)(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 B : Gary Pa. -nsteche'i 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@wkellington.com 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 facade 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 tern "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 ODOT 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, 2010 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 ington WLK:wlk Enclosures CC: Steve Deacon Kendra Howell Tim Ramis, Esq. 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 1'DC 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 nor 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, 2'02/14J Ft& Ron Bunch Community Development Director C: Craig Prosser, City Manager 13125 SW Hall Blvd. ® Tigard, Oregon 97223 0 503.639.4171 TTY Relay: 503.684.2772 ° www.tigard- or.gov 1 f k. 4 f . MI II : : Il 3 i January 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 68 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 clear about our understanding of the code 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. ® Tigard, Oregon 97223 0 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard - or.gov ® The City contacted Deacon Development on November 13 to discuss bringing the signs into compliance with the applicable development code standards within the existing permits. ® On December 4t 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` 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 1'DC, 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` 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 8 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, 21 2 VV "7014fr641 Ron Bunch Community Development Director C: Craig Prosser, City Manager December 24, 2009 ! . VP-4 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 4th, 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 9 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. m Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 ® www.tigard- or.gov Since the December 9t 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 231d. 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 Craig Prosser, City Manager Ron Bunch, Community Development Director Tim Ramis,]ordan Schrader Ramis, PC Gary Pagenstecher, Associate Planner • Christine Darnell, Code Enforcement Officer `:': C0 YY OF TNGAR® SI PERnniT s , Permit #: SGN2009 -00163 COMMUNITY DEVELOPMENT Date Issued: 07/07/2009 1 TIg11RD 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 Pln 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. 1 . 1 c„.. Approved By: f W el, Permittee Signature: ', A l / 4 aC r4 iz . : p,. . r�t,e�, x 5 i: t ; p : SIGN n E MIT APPLICATI eN N , '14. ' - Ci of Tigard Permit Center 13125 SW/ Hall Blvd., Tigard, OR 97223 Phone: 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION ;IAA e,a+.' 'I • °. .- : _,,c , . f 4. Name of Development /Project Tel �t•L� ` epli FOR STAFF USE ONLY Site Address / Street Address 44° Permit No.: r/ 7j -(�o '" `?) ( G Location 1 `5 LOU 1d{ f l Suite /Bldg. # City /State Zip Expiration Date: `� 1)& � ✓ i 0 ti. Receipt #: 2- 'z' - `� DoT Name y �, a L1V`C ` Approved By: k 0 -P • Property �i�W1 7�F// Date: 16 A? f Owner Mailing Address Suitc Map /TL #: t r Cid &USAI\NSI Zoning: / Li €_„,/ City/Statc Zip Phone 6 ^ p f i 9' � ,00 41 Q3� O V Electrical Permit Required? ❑ Yes o Tenant or Name Business 111 Building Permit Required? ❑ Yes g-14 Namc RCN. 7/1/07 is \ cumin \masters \land use applications \ sign permit app.doc Sign 4 11X4 Contractor Mailing Address Suite (Prior to permit 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 Oregon Const. Cont. Board License # lixp. Date City ofTigard's database) ❑ 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 1 " 11", 11" ' apply) h ll size requirement: 8 /z x 11 , or 11 x 17' g New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale Sign Dimensions:c351( 50 (3 copies, if a building permit is required) size requirement 8 x 11 ", to 24" x 36" Total Sign Area (sq. ft.): • ❑ $40.00 Fee (Permanent sign, any size) .Total Wall Area (sq. ft.) Sign Data /,61 1 ( f3 i , 0E (4) ❑ $19.00 Fee (Temporary sign, any type) (Complete all Direction Wall Faces (circle one): items in this NOTES: section) 00 E ONE NW SE SW Height to top of sign (feet): 56 Y o Wall signs do not need to be drawn to scale, but sign wall face include dimensions of waace an s Projection From Wall (inches): � g Copy: N00 L_ N0. Ijo(/t placement. • o Wall signs do not require site /plot plans. Materials: pp�umitSL4M ( j M VOX I's J ' o Freestanding signs over 6 ft. required a building Will sign have illumination? ❑ Yes > No permit. Type: ❑ Internal ❑ Exte nil • 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 ► 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 ri �`'� ( ,(-) �� 2 Ri .) fi , 1, .f i f e / , ' - j , if ' lk 12 % , 0 ,/ (- -v, Signature of wner /Agent HM-1_ - 12 L. y � ' A { l 1 Contact Person Name Phone No. • t . -- =: CITY OF TIGARD RECEIPT n _ 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 ,TTGAR. . 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: $0.00 Page 1 of 1 grt 6 of '� ,"0/ 'rr h� '+HL1� �$ �?:p� . 1 IGL.+: s ..'i�.i�`�'r�Fy {F "S`Y; =� 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 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, d 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 �r -:r,, g . - v Main Building Avg. Height: 51 Width: 268 13668 4th Floor Avg. Height: 13 Width: 194 2522 16190 809.5 - 4 ---- • -.c. ‘"---- DEACON DEVELOPMENT sfiniir - r — _—_r__.__.______________ . -- •aIif.?If 44* a 7... 0 .____. _ . .. - - • - . 4 . 7 _ I ..._.—_A_ ' -0 " .. Hu I MACADAM ' 1 ' . , ___, „..„-.,.... 1 . . . ......., .11 . • _- 1 ' I 1 1 _ ___ i tiff n FORBES a Fii i. li . , - . , 1 : .. - 1 i . 1 - t ,- - . - ....„-, 1 ., - CD 1 I 1 Ir ,, J 1 NOW LEASING '. : 111 i , ' ,---- Il ' i , I 1 T „ , . ,, 503.227.2500 32 -0 " Iti I ' 1 1 ,-- i 1 1 1 . 1. I ' 1 1 1 f 1 1 1 I 1 I . _ j YOUR NAME I i I I 1 . . I __ 1 . ;1 i -1 a - -- ---- HERE t ! II 1 1 . . 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Z .' - . : . ?Z4 4 ., 41 . : '...',. r.. 7 . . • , I 7 1 I 1 - 111. ill 1 , • : • : ..,. • ' ---- • --- ,G- ISDCAIE-%/321(3)/20"9=1 1 1 . • :. .1 .. i: •• . , 1 , • i i 7 1 1101 mil ,,...., . 1 7 I f 4 . r . , 1:l . ILL ..1 lj . 1 ,._1 .......____................_......_. I... ••.• •_____. ____________ • ••,. 1.- .,... _____. i ..... 1 I I . _ __ ._.. . 0_,..e..p., - +._ ---- T.L w-cr NORTI EXTERIOR ELEVATION • • ___......,.................._.... ,x------.2%- .- ,..„ -- _ i - nt" , ;•••••:•••! - • - ,.._ --_ ' 'i•'•" . .... , 1 ---.-. . , ,, • , ------- '1, . D - Rwrim ,,,,, i • 1 : . g ., EA CT ta:! , ik ita 1 . . . _ . . . . . ._. • -, - - — - - ---- - __. _ _ _ . ..... .. .. _ 2.4.,_ -- EL 0 PIV1 ENT: G HOYR , 1 E4 0;'• i. 1 _ __ -- — 4, • .. -- . •• ..,,.;...f ..'f,., , ,, , ...,::;A : . ..... - , : ! ' , !I: . ; .-.1 I . ..-7.:.111 11 1 : ------ ! 1 ;• • a t ! I _. . 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W I i ' 1 - ,i ' 1 .: .. ,.... 1 ' . 1; : , , : - • , 1 : - f: -: 1 . . _. ____ _._ ..... ---- I I ___.: „ti-m_ IA I 0 L ., i . : I , ,(3) . /0 ,(3') _... k-z • _1. q F- 1--- ,-- 1_,....1 •. -. ,.,,, 11' 1 . 1 i . -,...„-- • • — • • 1 • - , - ••• > I 1 i it : , 1 : I Z °3 CI ' ---.-2--...1. ',1.. I ...... i --__________.2L_._L .;-. . :.'' ....:......._._._.._, -_.__- - -- . ' ., i V— 1 np I I • 4 i)?. 0 < .... ... -. — — ... . 0=. CD . .'e...., ,#, (?) VVEST EXTE-RIOR ELEVATION w -,-----.- ____________________ _ 1 r vtv2 3/32"=1'-0" _I C I • . CO 11 - - - - -. n .._,.. e . • :-. H IX I - - r: ------"' 1 - . - , i ....,_., 1 1 - ..._-_-_ , 1 . --....,.-..... ■ ; i . ! ,• , ‘1, - I' . - •• i! ' - ' ' ----- 7 i .. 7 - 1 --- ' . ' , . . W . . 1 , 1: . !..1 ' .1 ':-- 1 i l_ 1 1 : 1 1 -11 i f ' , 1: - T I 1j7 :i w . : .1 ' 1 I , ; 1 ,. . 1 _ I . . Ed: •12 1 I • i :; Il .:. : BUILDING ....._ :., , 1 , III1 i !I..: F I . ili .1! 1:H il !nil Niiil . I . . ELEvATIoN. '411 ! • . ! rm. ..... _...._ ..,, -.;•.:.-F...t. :,,...22 - .:4 , ..:- •:,...- ..-,--..-.. -.7---- •tr.::::: =L7 - 7 - ...•••, . .....".":"-- . - :-..."--- . ; i t 1•• f • I . '1 1 - I ' 1 g I p ! ! ! 11 , ! : I .7,! , i :t ) • . 1 I 1 1 • • t• 1 • I . . • 4 l ' i 4 I ! ! I ..! — I I i I • SCALE: 3/32"=1-0' • • ., i i 1 . I { : Pi .• . . - II 1 I 1 ,i i 1 I 1 il • . . . . , , . , . . _ • DATE: 6/20/09 i ___ WC,reii. 7.11E tt i '''''' :-- -,, -- • . '''''''' :::.:7 ----- - '. .::::z"": , :'..2: - •-•-•-• t -....- • . , t , I 1 `I I , . 0 1 I ___1 : 6 1 g I • g : I ' I '. • II_ 1 _..I i ' , ; ____ ._.„ -.., ,_ .....: .../ • ) I . i l',..... _ L. !.. : _.,_ .i; ,t1 , ...(0 _ -- . , . . ,... • ,- 1 - ' 7 ' --,- ;" 7-- . .4 .(C . i 1 1 1 .,.. i IL-41_1i '.'"*-.. _ .. .. - 1 ' _ ' . .. - • . .. _ 1 -. '' I . • 1,, „Li: -: 4 I ' I 1 1,-- - 0_- , — - 7 - ' ''' .'" ' ; i c a: .. _ 1 -,-- I I ___ ____ . _ . --- i -----._ _ •^".. - i- - - - - - - - , , .. __-_ _ - - _ .. . . . I I I ; 4fi'l-" • - - . 1'14 rat ,--- - -- - —1------ .- -- - 2 / 2 - ! Q,.' 2 e.AST E .ELEVAT1ON 7:.• .. • --- -.■...■..■■..... .. -7. ...!.: I 1 • � �„ CITY OF TIGAR® SIGN PERMIT s Permit #: SGN2009 -00162 Ca ',MUNITY DEVELOPMENT Date Issued: 07/07/2009 T,1r11RD' 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 Pln 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. J r". Approved By: Permittee Signature: i / IFS t7 F '�•) y�'F' tl: {G "' ) . A na i ,a,z�:; a IT hP LICA 1 SN 1 F l :.o • w ki c� ` City of Tigard Permit Center 13125 SW Hall .Blvd., Tigard, OR 97223 Phone: 503.639.4171 Fax 503.598.1960 GENERAL INFORMATION N am c of Development/Project Tel ��L� ��(�� FOR STAFF USE ONLY Site Address / Street Address / _ ��` Permit No.: C /J 1 -0 0 ( (n? .. Location ' ' J _ (� Lo ° i-� Expiration Date: `. C. ' `,.:`, ! 9 ° =4 aci 5 Su tc /Bld # City /State Zip .p 1 ! &ik 0 / 0 of Receipt #: .' — / N � 3 ' Name a6'1"~ Approved By: K- f Property P P 0PH 'r Date: V7/0 7 Owner Mailing Address Suite Map /TL #: qd I ( L E't» I Zoning: i it E City /State Zip Phone . ?' &7 1 c Oe t O « 12 v 1 Electrical Permit Required? ❑ Yes El—No Tenant or Nnmc Business Y1 1 Building Permit Required? ❑ Yes arr. Name Rev. 7/1/07 is \eurpin \ masters \land 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 arc (Note: applications will not be accepted required if without the required submittal elements) expired in the Oregon Cost. Cont. Board License # Exp. Date City of Tigard's database) ❑ 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" apply) V New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale Sign Dimensions: ^5x 5� (3 copies, if a building permit is required) �! size requirement: 81/2" x 11 ", to 24" x 36" Total Sign Area (sq. ft.): ❑ $40.00 Fee (Permanent sign, any size) Total Wall Area (sq. ft.) (N) Sign Data (, ) I (0i6l0) e ii(o '(� X El $19.00 Fee (Temporary sign, any type) (Complete all Direction Wall Faces (circle one • items in this NOTES: section) 062 E 0 NE NW SE SW Height to top of sign (feet): 56 4 Wall signs do not need to be drawn to scale, but Projection From Wall (inches): 9j must include dimensions of wall face and sign Copy: k) L N0, !(OC4 I' Wall signs 0 Wall signs do not require site /plot plans. Materials: (M it4l4M C.A - (aS V •I I / I • Freestanding signs over 6 ft. required a building Will sign have illumination? ❑ Yes Rf No permit. Type: ❑ Internal ❑ Extefnal ♦ 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 14 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 y�v� day of�'kf� , 20 ; '�� • Signature of wner /Ag4it it / � L Contact Person Name Phone No. • "`: .:T CITY OF TIGARD RECEIPT 3 13125 SW Hall Blvd., Tigard OR 97223 ' . 503.639.4 171 :TI'C A0 Receipt Number: 174263 - 07/07/2009 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 07/07/2009 $40.00 Payor: Kendar Howell Total Payments: $40.00 Balance Due: $0.00 • Page 1 of 1 '� %C ' .�{, F es'. i' ^�, 1. �tYY yK- q,,,,,:,,,,s,,,,,,, , 3 „,,,.,ya,,,„4,_,,,,_,„,.: . go, yH'ry � 1;Lie.. - 'S,.. AQn ,,,,,,,,,,„„,,,,.„,,,4,,,,, i„,„,.:,,,...„:„.,.„...„,„,.,.:., fiz,.„:„„:„,,,,,e,t,...„„ 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 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 Main Building Avg. Height 52 Width: 294 15288 4th Floor Avg. Height: 14 Width: 202 2828 18116 905.8 , �J r <'r1�F f F1 E �..J tl .r .r... 4. .�... a.. z . -.. ..._.. .. :1:..:: ..... - ,s...! �',1�'.. �' v:e ...1... y ?�' $ E - Main Building Avg. Height: 51 Width: 268 13668 4th Floor Avg. Height: 13 • Width: 194 2522 16190 .809.5 • DEACON DEVELOPMENT GROUP I T/ ROOF r s 25'_ _— • i -9 - gEV`. — _ j I r 1 ' ' II _ �� F i • �, - _i I I 1 I i t I — , li 1 �� I E � (� �' T 1 ` ! _ - - wovv LEASING _ _ � _...__._ I — - � `l� j ; .. I 1 1 h . ; � . i I 503.227.2500 32 ' - ' l ) I ■ I I . z - 0 1 H � ( 1 I _' s - I i ij _�- — — ■ YOUR NAME' i 6 i I }- 1 ( i HERE _ ' — I ._ 11 ' _ r� F j , 7 _ .r s ' i I J JJJ E ` co f P a 0 ti - 0 $ - it IW Q S E a' -a — CO rrP i ,�! „.--''';.:.' L LI • ....TA _ ... TIP. 1 InQQ�1ND F7 R M CO TRIANGLE POINTE WALL SIGN , TYPICAL ELEVATION ALL 3 ELEVATIONS TO CONTAIN THE IDENTICAL SIGN, 800 SF. Ct SIGN TO BE WALL MOUNTED, VINYL SIGN ON ALUMINUM FRAME SIGN ELEVATION SCALE: 3/32 " =1' -0” CITY OF TIGARD DATE: 6/20/09 Approved Conditionally Approved ___ ........ E For only the worI�4 described in: PERMIT NO, J Al See Letter to: Follow...- _.__..__-- -_— [ ,' Attach 7 Job Ad :- �33 • ‘: . \ ',---.. - I - "C 4 \ \ ' - ' .. • ''d "" 3 ... • , b ' f - - - 3 - . \ k 1, . . ‘--(4 . . . , \ - At\ , - - .„...).ce" ,?':•-•••••- ----..? 0 \ \ _ \ \ -' 1 D \ 1 ' \ .- ./,:,* 4 \ ' - 1 i f tt ' • , r , . e' typ 1 -,', ■ 1 \ ....-- CC ..9" 6 ili f " st ir. . 1. V . , a, Cr P F \ --. N i v 1 I ,,,, , ,.., _ , -` f ,.... IAA w $ 1 0 ....' - - N_ - - ' ---- \ / . A IA tr M. 1 si, ma -„„:-...:_::::?"414•11 s '•■ _4' P ' '' 'S \ 1 I , r'c, 43 s ...„..- iL90.li ) # - -4 ii )- ..--...-: - , s., ,,,,,,.., o w , ..„-.5,---,,.-.-,--..: -,, „si „..... .‘ . ..,.. ,._ te k.,..--,‘ Yr ' 0 9 4 --;A.2,... 1 w - ....- ,... ..14, , . . , *e A , 0... 32. .„,-„/ ..., . 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' - V-vr'-- 10 ' ''‘i- --i — i 5 BUILDING . ri, ilkti _ . .... / , .., ____ ,.....,,_,...,,,,, ,,,, ,• I , rrP, PLAN 7.2 , 0 ..... . • , ,.. 0 SCALE: 1"=40'-0" )\ \ L- 1 I "*".............................. ' --- .../... . ... ' 0 \ \ DATE: 6/20/09 ----„____ - . 1 \\ \ . , s j / . . % . \ .. \ ,....-\ • - \ - . ‘ \ , ---- '-- -----______ ...----- t rqill k ENLARGED ME PLAN ----...,.. ....... — ---., ---,_ ( * PM ) i ,..4 , to A ... ; i , ; a j :1 , DEACON ___ - ___ _ if I _ ___ _____ _ _ OF I:I (=r,EILF ___ notifff4- - — 1 i . - ..1._________,.... 1 .., -____-----...,, -._.________.. . ,-....- - kI= . ------- - -. - - - ' 7.______ ._, 1 . 1 .... 1 i 111.,___ , . !L....! 1 ; iii ;11 I ___ 1 ___ i III_ !III _ Al 0 ; , .....:_„..„._. ,..,....., i' ' il . 0 i t i l 1 i I I I i i tEneist- 11!li I ili [ 1111 I 1 o , 1 1 I l I l l i ! ii, 1 1 1' 11 1 1 I IN III Ill U. 1.11 Li it a t , , 1 , . , , . , , Ii i 'l II le ! I II II ' 1 i ll I I till 1 111 'Ir , 1 II il 11 a ›- , , ___,.._____ i , ill 1 . I 1, ii , . I h . 1r 11 , f co a. tt . 1 , . -1 ii i, ii I ill 141.1 I illi 1 ____...... 1 ! It 1 ‘ 1 , , 4_ u_ii 0 1 1 ili___.1.1/111 a il ' i t _ i I-- I— - 1 LI li I , 1 . ____. _ ..._... Z c° CD 0 ____ _ . . _ • _.. . •• _ • .. .. . . 1 ., - -._ • ________ ...._ 1 1., - I- .•, III_ ,,- • - - .Oa- 0 < I 0 ! _. .... 1 . . .. 0 a 1 - ri.: a.. i TYP. 0 0 1/P• I I ' 1.11 . 1/4.-0 v.) rat ,V 0 SOUTH EXTENOR H_EVATION . 3/32"=1'-0" 0 i Z CO ______ . ___ . .— -L7+ < T-' ,r. 1 il ;',;- . . Ct ) ' d v . , A 5' ' 6 11111 , 1 l_fil.. ., . : . • 1 ,.._. ......_____. _ 1 1 I rk4 ' 7- -T-' ----------------------- H a:v.1c+ , •t , ,..! ,,., .., 1 : .i-.: -, ..;A:f.lo.E.,', I ._ _ . --/".‘ , . ---- . 4 I 1 ; . 1 -- - — i ■ II. l' 1 ' 1 1 Ifli 1 ! ' I ' : i . : 'E . ' I : I 1-0.......:::'.."1:1■07: 'I 1 i I I I . ' BUILDING 1 : , , , , ,_ _________. 0 I'd 1 ‘-- 4. 1 r _ __, __; _ I ..____ T NJ II 1 . , ............. . ,... .... " ' ".. 1--- f - — ! i ! ---- 4 ' ' . 11 i l'i I I 1 ; ( ,'.:, .•:. i - I , ■ : I • 11 1 1 , .. 1 1 • 1 9/ . i ' 4 , [ I Ill i l I 1 ; . 1 . • _ . ,,.-...,1, ,i,. , , , 1 ' t .., 1 i , i , , , . . 01:i ili,1 . __XI:a+ ELEVATION Pill •- -- --I — I 1 . 1,: . ; ... 1 i! . ,..... . ,....z. , --r,..; • • I ... .. _ i r i I SCALE: 3/32"=-1 1 , 1 i 1 , , P .1.' •; Jili - 4' ! ''' 1 ' ' 1 1 , _ 1 ' ' , f i DATE: 6/20/09 , 1 i 1 , 1 !,,,: II II a _ _, ___I I . I i , i ,• , , 11 1 _1 1 _%4 . , ., . . aseara i weirm 1 ■ 0 , . 1 i . ! i ' I "..a.------ ■ ---"! I I 1 I 1 I I 1 1 i t.9 ....t./.. • ' 1'. i!:'.,..• .. ' ' ' .; • ' '' !.. "7..-'. ' pi 7 ..... : =Ili —11 1 i I I. i : 1 ! . , 1 . , , , , ii , , , i ,, r , , , _.... ...... ____ . , . , . , . i II i _. - - ---------L--- ..---------- ...... _ . . 1 ! _w_901.4_11+ ........ te, ink NOM1-1 EXTERIOR ELEVATION '.' g ell • , • NI ( I • ....„---- ,____ DE i'vC()N 1 L at bi ..9 T I ! - ... i , . -... - — , . ----- I - .... n. I I 1 NI --"' , .. — .• 11 1 II f ' 1 i . 1 1 ,,.. ._ ._,.. , __ , , . _________ .,.. ___ ..... _....16 , , ........„, ....,,,.• ..-- — .---, t: ---- .• ----- --- , . , , 1 ! I , It ii ‘ i 1 1 1 ' 1 i 1 ' , ' 1 1 _ Mil --- - -- IN --- 1 ---- 5.- X 1 .n el f+ , ■1121 - f H 1 ___,..._ -...,,, -= ..., .._ -"..•:.,r Trz: . . 1 I 1 I I I i - ...... --, ......„ — ...... ...,.. ..-...4 ........ • I I 1 I { I 1 ' CO 0— W 1 , I 1 [= __ - . i • 1 Lu 1 0 i , .._.______ .. . c.) 4-D _ s 6 0 0 1— F-- , .. . - z co a •.• .... , 1 I I 1 I I I ° I ■ CO CK i VIP. TIP. i -40 1 _ 0 < _ . _ _ , —,(1.51,4i'1,14)- O._ WE8T EXTERIOR ELEVATION • U...1 C) ° 0 CO . -:- C'f) LaH ......._ — -.,•,, .-T- Z CO < N-. EK - — : :• -' ...._-. 1 , ! , , - • , , = 1 , .. __. BUILDING ..... _....• I .., 1 0 1 nr. _ . i ; I, 11, , 1 i _i ELEVATION i SCALE: 3/32"=1'-0 c .. • ........._ •. ei - , „ I ' 1 i 1 DATE: 6/20/09 IM all.m.Z1 .037:31 '.-'-' U d VA+ --......._._=_•••••___., 1 . ' 1 * • rt I I I M I I _ a • .... i .....,. ,._.... _ ..._ _ ......1 am um — — 1.' s " . • otc, + - 0 0 0 ., 4 0 1 1 ' '' t " ' fi i ili ---------------- --- -- „ ...• o — ---. ----- 11 7_. it te.p ,.s. __.. _____ 11 r 3/32"=V-0" 2 EAT EXTERIOR ELEVATION ..........._ MEI r.> SIGN PERMIT CITY OF TIGA = D t. Permit #: SGN2009 -00161 if COMMUNITY DEVELOPMENT Date Issued: 07/07/2009 y I r4RD1 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Parcel: 2S101DA00104 Jurisdiction: Tigard -G 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 WaII Area: 16190 Wall Face (Direction): South Sign Height: 55 ft. Projection From Wall: in. Illumination: No Illumination Materials: AIum,Cable,Vinyl Electrical Permit Required: No Building Permit Required: No Total Permit Fee: $40.00 s Conditions: 1 Pln 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: f Permittee Signature: /L r •, i III � SIGN PERMIT APPLICATION Ci of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION Name of Development /Pmject FOR STAFF USE ONLY Site Tel AN foIN'� Address/ Street Address �� Permit No.: _ Cs) F� 0 T- C�a +I c. n S Z _ Location 1.(J Suite /Bldg. # ky/State Zip Expiration Date: -r�"� 1 & i 0 e ..... 4 1.112„5 Receipt #: „--� t) 7 ! - 1 2-(e ` �— Name Approved By: /( L' Property (4(S -� Lift � Date: 7/7/Of' Owner Mailing Address 1 ' . Suitt Map/TL#: Id I ` � ��1 r•5 S� Zoning M k E City /State Zip Phone �, q /'&741 1 � ' S0 02 41 v Electrical Permit Required? El Yes QN�o Tenant or Name N Business h 1 a-- Building Permit Required? ❑ Yes ❑t rNo Name Rev. 7/1/07 ;: \curpin \ masters \land use applica \sign permit app.doc Sign 4 lad Contractor Mailing Address Suite (Prior to permit issuance, a copy of all City /State Zip Phone REQUIRED SUBMITTAL ELEMENTS licenses are (Note: applications will ni be accepted required if without the required submittal elements) expired in the Oregon Const. Cont. Board License # Exp. Date City of Tigtrd's database) ❑ Completed Application Form Proposed ❑ Permanent ❑ Freestanding ❑ Freeway ❑ 2 Copies of Site /Plot Plan, Drawn to Scale Sign ❑ Temporary . Kwall ❑ Electronic (3 copies, if a building permit is required) (Check all that ❑ Other Billboard ❑ Balloon apply) size requirement 81/2" x 11 ", or 11" x 17" g New sign? ❑ Alter to existing sign? ❑ 2 copies of elevations, drawn to scale Sign Dimensions: 30 (3 copies, if a building permit is required) size requirement 81/2" x 11 ", to 24" x 36" Total Sign Area (sq. ft.): x:x: ( Si 11] $40.00 Fee (Permanent sign, any size) Total Wall Area (sq. ft.) Sign Data ( 10(41 0 ) 16 1t (o 1(, t y g ( ❑ $19.00 Fee (Temporary sign, any type) (Complete all Direction Wall Faces (circle on items in this NOTES: section) ©O E NE NW SE SW Height to top of sign (feet): 56 • Wall signs do not need to be drawn to scale, but Projection From Wall (inches): must include dimensions of wall face and sign Copy: NDIJ LiA5I h1(�i, VOW jp,jJ placement Materials: A U/M �� (�}�(E VIN • Wall signs do not require site /plot plans. f'' / ♦ 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 14 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 / I Y day of A. •� _ , 20 /r ) LI • A 0 1 # 61- Signature of II wner /Ag. t 1 -6)0 _L 3 0 Contact Person Name Phone No. / . . CITY OF TOG 'A\R RECEIPT :; 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGaARt 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 DEACON DEVELOPMENT GRO 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 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 fa9ade 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, / / / . i Kendra Howe Development Manager Square Footage of Triangle Pointe Wall Signs 6/26/2009 5% of wall face - iv .,.,� L.s. k.. ..., a,." uN. +e. �tia'tr t"�sr�tHiirst. i i. z"«. Main Building Avg. Height: 52 Width: 268 13936 4th Floor Avg. Height: 13 Width: 194 2522 16458 822.9 KEVA 19I $ 17x . , Main Building Avg. Height 52 Width: 294 15288 4th Floor Avg. Height: 14 Width: 202 2828 18116 905.8 K GFY! C l t► iYT � 7 7 } N ': T dr ; Main Building Avg. Height: 51 Width: 268 13668 4th Floor Avg. Height: 13 Width: 194 2522 16190 809.5 - ■ DEW :ON ismaram tniGkih a. iaram2 M fateffM = . - _ ' _ _ _ ... - _ . -4 9 q ' _n " 1. 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