Loading...
Ordinance No. 98-18 .z ~ J r CITY OF TIGARD, OREGON ORDINANCE NO.98-.Lj- AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT (CPA 98.0002), SITE DEVELOPMENT REVIEW (SDR 98.0002), PLANNED DEVELOPMENT REVIEW (PDR 98.0001), SENSITIVE LANDS REVIEW (SLR 98.0002) AND A LOT LINE ADJUSTMENT (MIS 98-0004) REQUESTED BY THE MARTIN FAMILY TO DEVELOP THE TRI-COUNTY SHOPPING CENTER. WHEREAS, the applicant has requested approval of a Comprehensive Plan Amendment to the City's Water Resources Overlay, Site Development Review, Planned Development Review, Sensitive Lands Review and a Lot Line Adjustment to develop a shopping center known as the Tri-County Shopping Center. The subject properties are comprised of 8 parcels totaling a net acreage of approximately 25.70 acres. The subject parcels are generally located at the southwest corner of SW Dartmouth Street and SW 72nd Avenue. The subject parcels are also known by the Washington County Tax Assessor's office as follows: 1S136CD, Tax Lot 04200; 2S101AB, Tax Lot 01400; and 2SlO1BA, Tax Lots 00100, 00101, 00300, 00400, 00401 and 00402; and WHEREAS, the Planning Commission held a public hearing and received public testimony and recommended approval of the aforementioned land use applications on dune 1, 1998; and WHEREAS, the City Council also held a public hearing on the aforementioned land use applications on June 23, 1998 and approved the aforementioned land use applications subject to the findings and Conditions of Approval contained within the attached "Exhibit A." NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all of the relevant criteria as noted in the attached City Council Final Order, also referred to as "Exhibit A." SECTION 2: The City Council upholds the Planning Commission recommendation for approval of the Comprehensive Plan Amendment, Site Development Review, Planned Development Review, Sensitive Lands Review and a Lot Line Adjustment request, further known as the Martin FamilylTri-County Shopping Center, subject to the Findings and Conditions of Approval as set forth in the attached "Exhibit A." SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 98- Page I of 2 Q PASSED: By 1,! h A.MV1lS vote of all Council members present after being read by number and title only, this 23, dday of 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this -!23 ray o , 1998. J es Nicoli, Mayor Approved as to form: Cit At orn°y Date i:%citywideb.dkcpa98-02.ord Mark_R 11-Jun-98 4:13 PM ORDINANCE No. 98-, Page 2 of 2 '"~NABIT A" NOTICE O FINAL OND R CDYO TIOARD. T~~ TIil~6~i7 0 CITY090011 47v=w, it SECTION I. APPLICATION SUMMARY CASES: FILE NAME: TRI-COUNTY SHOPPING CENTER Comprehensive Ian Amendment CPA 98-0002 Site Development Review SDR 98-0002 Planned Development Review PDR 98-0001 Sensitive Lands Review SLR 98-0002 Lot Line Adjustment MIS 98-0004 PROPOSAL: The applicant has requested approval for a Comprehensive Plan Amendment to the Water Resources Overlay District; fill and mitigation of a portion of existing wetlands on the property; Site Development and Planned Development Review approval to allow development of an approximately 330,895 square foot shopping center on 25.70 acres; and a Lot Line Adjustment to reconfigure the existing parcels to accommodate future ownership interests of the proposed site improvements. APPLICANT: Christensen Engineering OWNERS: Gordon R. Martin; 40 Ed Christensen, Project Manager Gordon S. Martin; and 7150 SW Hampton Street, Suite 226 Sheila Martin Portland, OR 97223 12265 SW 72nd Ave. Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: General Commercial; C-G. ZONING DESIGNATION: General Commercial; C-G. The General Commercial Zoning District provides sites for the provision of a wide range of major retail goods and services. The property is also designated with the following overlay districts: 1.) The Planned Development Overlay; 2.) The Tigard Triangle Design Standards Overlay; and 3.) The Water Resources Overlay. The Planned Development Overlay was placed on the property to allow flexibility in development practices to permit more efficient use of the property. The Tigard Triangle Design Standards were adopted for all properties within the Triangle. The Water Resources Overlay iS a resource protecticn overlay that provides citywide protection standards for Water Resource areas designated as significant. LOCATION: 12265 SW 72nd Avenue; WCTM 1S136CD, Tax Lot 04200; 2S101AB, Tax Lot 01400; and 2S101BA, Tax Lots 00100, 00101, 00300, 00400, 00401 and 00402. The site is located on the south side of SW Dartmouth Street and on the west side of SW 72nd Avenue and includes one (1) parcel within the Hermosa Subdivision. The site is otherwise north of the Hermosa Subdivision and east of Highway 217. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32, 18.62, 18.80, 18.84, 18.85, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 19.116, 18.120, 18.150, 18.162 and 18.164; the Tigard Triangle Design Standards; and the Metro Functional Plan Standards. SECTION II. CITY COUNCIL DECISION The Tigard City Council APPROVES the above request subject to certain Conditions of Approval. The findings and conclusions on which the decision is based are noted in Section IV of this report. CPA 98.021SDR 98-021F--)R 98-01/SLR 98.021MIS 98-04 6/23/98 PUBLIC HEARINGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 1 OF 42 CONDITIONS OF APPROVAL r~P 'TIE 8$OUAN1" L SITIr: ►Hi4l i i ~JIR4iNC~$ Wtl'i"S, `SHE FOL.L'_,!DW N.G GDlf l'rld S SHALL BE WIS IED: (Unless ©th0i~IMsc~` noted;,the s#aif! cor9R:~ct s~sall be ®rian Rager, EnO(0"rlr>Ig.D~o~a nta(,5A ~ 6394170 1. Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Eng;veering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Additional right-of-way shall be dedicated to the Public along the frontage of SW 72nd Avenue to increase the right=of-way to 47 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. Additional right-of-way shall be dedicated to the Public along the frontage of SW Dartmouth Street to increase the right-of-way to 47 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. A right-of-way radius shall be dedicated at the comer of SW 72nd Avenue and SW Dartmouth Street. The radius shall be a minimum of 45 feet. 6. The applicant shall construct street improvements along the frontage of SW 72nd Avenue to meet Tigard Triangle Standards and in accordance with the SDR plan submitted for review. The improvements adjacent to this site shall include: A. City standard pavement section from curb to curb equal to 66 feet; B. pavement tapers neeL"ed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. six (6)-foot concrete sidewalks; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of Idift, undergrounding existing overhead utilities); 1. street signs; J. driveway aprons; and COA 98-02/SDR 98.021PDR 98.01/SLR 98-021MIS 98-04 8/23198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TR!-!'AUNTY SHOPPING CENTER PAGE 2 OF 42 K. adjustments in vertical and/or horizontal alignment to construct SW 72nd Avenue in a safe manner, as approved by the Engineering Department. 7. The applicant shall construct the following frontage improvements on SW Dartmouth Street ® as a part of this project: ® A. six (6)4oot concrete sidewalk; B. street lighting, as determined by the City Engineer; C. driveway aprons; and D. street striping. 8. A profile of SW 72nd Avenue shall be required, extending 300 feet to the south of the subject site showing the existing grade and proposed future grade. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connections and public water line work prior to issuance of the City's public improvement permit. The roadway cut and repair in SW Hermosa Way shall be inspected by the City of Tigard as a part of their public improvement permit. 10. The public improvement plans shall indicate that the applicant will extend an eight (8)-inch public sewer line southerly in SW 72nd Avenue as a part of the street improvements. The line shall be extended to the south property line. 11. The applicant shall submit a storm drainage plan to the City that clearly indicates how the storm water from this site will be conveyed to Red Rock Creek. If concentrated flows are proposed to convey across the adjacent property to the west, the applicant shall obtain a private storm drainage easement from that property owner prior to construction. Aalk 12. Prior to issuance of the site and/or building permit, the applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards (adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approva! prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 13. Prior to issuance of the site and/or building permit, the applicant shall submit a plan to the Engineering Department (Brian Rager) that clearly shows the required boundary of the new mitigated wetland areas and a new 25-foot buffer adjacent to each one (1). The plan shall also clearly show the extent of any grading required to construct the private water quality facility(ies). Water quality facilities shall not encroach into a wetland and may only encroach into the associated "buffer" by ten (10) feet. 14. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 15. The applicant shall provide an updated geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Building Division prior to the final inspection. CPA 98-02/SDR 98.02/PDR 98.01/SLR 98.02/MIS 98.04 8/23198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 3 OF 42 16, The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 17. One (1) of the three (3) disabled parking spaces from Major IIIA and Major IV, Major Anchor Tenant buildings shall be moved near the entrance in front of Major IIIB. Staff Contact: Mark Roberts, Planning Division. 18. The landscape plan shall be revised along the SW 72nd Avenue frontage to provide an additional two (2) Little Leaf Linden trees. One (1) additional street tree shall be added along the SW Dartmouth Street frontage for a total of 39 Little Leaf Linden trees. Staff Contact: Mark Roberts, Planning Division. 19. In certain areas the applicant did not evenly disperse parking lot trees at one (1) for every seven (7) spaces. The applicant shall add a minimum of three (3) parking lot trees along the western elevation of the Major Anchor Tenant Building I. The applicant shall also add a parking lot tree on the south side of Major Anchor Tenant Building I, east of the loading dock area, two (2) parking lot trees along the southeast comer of Major Anchor Tenant Building I, and a parking lot tree to the east side of the Pad B Building. Staff Contact: Mark R^aerts, Planning Division. 20. The applicant shall construct a slatted chain link fence or wood fence with a minimum of a five (5)-feet of height. This wall shall be constructed along the entire southern property line that adjoins single-family residences that is not to be provided with a sound attenuation wall as required by the Noise Study. Assuming the proposed Columbia River Willows and Western Crabapple trees are defined as medium sized species that tivill reach 25-40 feet in height at maturity, a maximum spacing of 30 feet on center is permitted. In two (2) cases, a spacing of more than 30 feet on center has been proposed. The applicant must either add two (2) additional trees or provide proof that the Columbia River Willows and Western Crabapple trees are large specimen trees. The screening and buffering plan included some 171, 24-30 inch Dwarf Winged Euonymous shrubs on only the eastern 793 feet of the buffer. The landscape plan shall, therefore, be revised to add shrub plantings along the entire remaining length of the 20-foot screening and buffering area. Staff Contact: Mark Roberts, Planning Division. 21. The trash and recycling enclosures serving Major Anchor Tenant Buildings IIIA and 1116 shall be revised to comply with the 24-foot, two-way aisle width standard. Staff Contact: Mark Roberts, Planning Division. 22. The Pad C and D east Elevation has 1,050 square feet of building elevation area between three (3) and nine (9) feet in height. For this reason, 525 square feet of this area must be windowed. The applicant provided 240 square feet of this elevation area with windows, therefore, this elevation shall be revised to provide an additional 285 square feet of windowed building elevation. Staff Contact: ^4ark Roberts, Planning Division. 23. The mechanical equipment installation limit area shall be revised to include a 20-foot minimum setback along the north and east building elevations of the Major Anchor Tenant building group. To allow the building itself to screen other rooftop equipment on the smaller pad buildings; no rooftop equipment shall be placed within 15 feet of an exterior wall of Pads A-F. Staff Contact: Mark Roberts, Planning Division. CPA 98.OSDR 98-02/PDR 98-01/SLR 98.02/MIS 98-04 8/23(98 PUSUC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 4 OF 42 24. -The applicant shall revise the building elevation plans as needed to provide the building parapet at a sufficient height to screen the mechanical equipment on Major Anchor Tenant buildings II, IIIA, IIIB and IV. The applicant may also provide other screening alternatives. Staff Contact: Mark Roberts, Planning Division. 1025. The finished elevation of Major Anchor Tenant I would be some eight (8) feet higher than residences immediately to the south. The applicant shall screen the loading area for at least the length of the truck that would service this site (likely 65 feet) at a height of a typical servicing vehicle. This may be accomplished through a matching split face concrete block wall or other method as approved by the Planning Division. Staff Contact: Mark Roberts, Planning Division. 26. Based on the site development constraints and the higher street elevation of SW 72nd Avenue, it does not appear possible to entirely screen rooftop mechanical equipment to serve the Major Anchor Tenant buildings as seen from SW 72nd Avenue. For this reason, all rooftop mechanical equipment to serve the Major Anchor Tenants shall be painted to match the rooftop. The applicant may also provide other methods of blending mechanical equipment into the rooftop. Staff Contact: Mark Roberts, Planning Division. 27. The applicant shall revise the site and landscape plan to provide a suitable size loading space(s) to accommodate delivery trucks for all applicable tenants that lease 10,000 square feet or more within Pads A, B and D. Staff Contact: Mark Roberts, Planning Division. 28. The applicant has agreed to provide 68 long-term parking spaces. The applicant shall provide signage designating ¢aur (4) of these spaces as vanpool/carpool spaces. The signage shall state that these "spaces are for use by vanpool/carpool users only between the hours of 7:00 AM and 5:30 PM." These four (4) vanpoollcarpool spaces shall be located as conveniently as possible to main building entrance(s), after the provision of handicapped accessible parking spaces. Staff Contact: Mark Roberts, Planning Division. 29. The applicant shall modify the parking structure to provide a minimum of 6% feet of clearance height at all entrances if no carpooi/vanpool spaces are provided. A minimum of 71/1 feet of clearance shall be provided if carpool and vanpool spaces are provided. Staff Contact: Mark Roberts, Planning Division. 30. Along three (3) of the driveways into the site, the applicant has provided five (5) feet of walkway width. The site and landscape plans shall be revised to provide a minimum of six (6) feet of width for all walkways. The applicant shall provide a continuous six (6)-foot-wide walkway using matching modular pavement materials along at least one (1) side of Driveway C from the Major Anchor Tenant buildings to SW 72nd Avenue. The site and landscape plan shall be revised to provide a six (6)-foot-wide walkway using matching modular pavement materials from Pad D to SW 72nd Avenue. Staff Contact: Mark Roberts, Planning Division. 31. Th6 applicant shall provide a bicycle rack detail that demonstrates when in use, that bicycle racks will not block pedestrian walkways. A minimum four (4) feet of walkway clearance shall be maintained where these are located. The applicant shall relocate the proposed bicycle racks under cover near main building entrances. Staff Contact: Mark Roberts, Planning Division. 0 CPA 98-OSDR 98-02/PDR 98-01/SLR 98.OVMIS 98.04 6/23158 PUBLIC HEARING/CITY WUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 5 OF 42 32. The two-way access width standard is 24 feet. The majority of this site complies with this standard except for the two-way drive aisle behind the Major Anchor Tenant buildings. The loading docks behind Major Anchor Tenant buildings IIA and IIB shall be revised a minimum of 24 feet of clear width. Trash and recycling enclosures shall also be revised as needed to provide a minimum of 24 feet of clear width. Staff Contact: Mark Roberts, Planning Division. 33. The applicant shall submit for review and approval a sign program that complies with the standards for a shopping center in the General Commercial Zoning District with any special limitations as required by the Tigard Triangle Design Standards. Staff Contact: Mark Roberts, Planning Division. 34. 1 he applicant shall obtain sign-off from the franchise waste hauler for the location of all trash and recycling enclosures and provide a detail of the type of screening to be provided around these enclosures. Staff Contact: Mark Roberts, Planning Division. 35. Post drive aisles behind Major Anchor stores with "No Parking Fire Lane" signage. All exits required from each building shall have a landing and be connected to the public way via a sidewalk and accessible to persons with a disability. Locate fire hydrants within 250 feet of all exterior waf,s of each building. Provide a hydrant flow test and complete the fire flow analysis. The median of the roadway between Pads B and C shall be modified to provide a minimum of 20 feet of width. Modify the turning radius at the southwest corner of Pads A-C and in front of the Major Anchor Tenant I Building. Staff Contact: Jim Funk, Building Division. 36. The remaining 66 caliper inches of tree mitigation may be planted off-site or tree mitigation fees paid for the value of purchase and planting of additional trees. Also, the applicant and City may agree to locate existing Christmas trees on the property at off-site City open space sites. Staff Contact: Mark Roberts, Planning Division. 37. Because trees Numbered 8896 in the arborist's tree identification plan are six (6)-inches in size and within a sensitive lands areas the applicant shall obtain a tree removal permit prior to their removal. Staff Contact: Mark Roberts, Planning Division. 38. The applicant proposed no windows on the n(r..;ieriy elevation of Pad A. The applicant shall provide 50% of the building elevation between 3 and 9 feet with window glazing. The applicant is proposing to provide approximately 3.5% of the entire Pad B northerly elevation with window glazing. The applicant shall revise the Pad B, north building elevation to provide a minimum of 50% of the elevation between 3 and 9 feet with window glazing. The applicant also proposed a few windows on the northern elevation of the Pad C building. The Pad C building north elevation shall also be revised to provide a minimum of 50% of the building elevation between 3 and 9 feet with window glazing. Staff Contact: Mark Roberts, Planning Division. 39. The proposed lot lines will need to be revised due to the location of structures cn site and potential redevelopment of this shopping center. In particular the lot line aligned south of Pad B, the lot line cutting through the comer of Major Anchor Tenants IIIA, 11,19 and IV and the lot lines cutting through the Pad F building. Staff Contact: Jim Funk, Building Department. 40. Proposed Tax Lot 00400 shall be revised to provide a 50-foot average lot width. Staff 0 Contact: Mark Roberts, Planning Division. CPA 98-02/SDR 98-02/PDR 98-01/SLR 98.021MIS 98-04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 8 OF 42 41. .The applicant shall provide proof that the Division of State Lands Permit is still valid and that the Army Corps of Engineers Permit has been re-issued. Staff Contact: Mark Roberts, Planning Division. THE ' L'LOWING O00O : NS„SHALLBE sATlSPi 13904 TO THE FINAL 0WLlDING INSPECTION* 42. The applicant shall construct a traffic signal at the intersection of SW 72nd Avenue and SW Dartmouth Street in accordance with City standards and as approved by the City Engineer. Prior to Final Building Inspection.. the plans for this signal work shall be approved by the City Engineer. 43. The applicant shall construct a traffic signal at she intersection of SW 68th Avenue and SW Dartmouth Street in accordance with ODOT and City standards. The east leg of the intersection consists of the 1-5 southbound ramp connections at the SW Haines Road Interchange. The 1-5 southbound ramp connections are parts of the State Highway System and under the jurisdiction of ODOT, and as such, the proposed traffic signal needs to be approved by the State Traffic Engineer prior to design and construction. Signal installation may require additional improvements as determined by the State Traffic Engineer. Fourteen- hour (6:00 am to 8 pm weekday) manual turning movement counts at the intersection will need to be provided to ODOT for the traffic signal warrant analysis. ODOT has provided copies of their signal warrant comparison worksheets for the applicant to use. Prior to final Building Inspection, the applicant shall obtain ODOT permits/approvals for this signal work. 44. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one (1)-year maintenance assurance for said improvements. 45. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as-builts in "DWG" format, if available; other wise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. 46. The applicant shall either place the existing overhead utility lines along SW 72nd Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $ 18,700 and it shall ba paid prior to a final building inspection. 47. Prior to final building inspection signals at Driveway A and/or B shall be installed. The City Engineer shall make a determination whether installation of a signal at Driveway A and/or B is within the best public interest within six (6) months of application for Site and/or Building Permits. In the event that installation of one or both signals is not found to be appropriate with the opening of this center, the applicant shall submit a performance bond to the City in an amount to cover the design and construction costs for two (2) additional signals on Dartmouth Street at the proposed site driveways. This performance bond shall be provided to the City for a period of five (5) years (60 months) from the estimated opening date of the building(s). The amount of the bond shall be approved by the City Engineer prior to submittal to the City. CPA 98-021SDR 98-02/PDR 98-01/SLR 98.WMIS 98-04 8/23198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TAI-COUNTY SHOPPING CENTER PAGE 7 OF 42 A. The applicant shall conduct follow-up signal warrant investigations at the Dartmouth Street driveways once per year over the five (5)-year life of the signal performance bond. If any traffic signal warrant, as defined in the Manual of Uniform Traffic Control Devices is met at any time during the five (5) year period, and if it is in the City Engineer's opinion that signalization of one (1) or both of the site driveways is in the best interest of the public, then the applicant will be required to design and construct one (1) or both of the site driveway signals. Any required signal installation shall be complete within 12 months of the City Engineer's direction, S. If after the development has been occupied for five (5) years (60 months) and the driveways do not meet signal warrants, the applicant will no longer be financially responsible for the design or construction of traffic signals at those locations. C. If during the five (5)-year period of the signal performance bond, further signal warrant investigations reveal one (1) or more warrants are being met, the traffic signal(s) shall be constructed. The decision by the City Engineer in determining if a warrant is met shall be considered as final. 48. All site improvements shall be installed as approved, per the revised site plan. Staff Contact: Mark Roberts, Planning Division. T'HIS.AIPP>E;®VAL: SHALL BE VALI®*OIR 30 MONTHS FROM THE IEFFEC" TIVE DATE OF THIS ®ECISON. SECTION III. BACKGROUND INFORMATION Site History: The site is presently developed with four (4) detached single-family residences and a mixture of related farming and other accessory structures. Much of the property contains a mixture of types and varieties of trees. The site also has a wetland's system through the center portion of the site. This site generally slopes towards Highway 217 that is east of the property. Some 1.63 acres of the northern portion of the property along the SW Dartmouth Street frontage is registered with the Washington County Tax Assessor as a "Christmas Tree Lci". Other portions of the property are also designated as a "Small Woodlands" by the Assessor. The subject property was the site of a similar, previous development application for a 342,500 square foot shopping center with office uses (SDR 94-0019, PDR 94-0002, SLR 94-0004). This application was approved by the Planning Commission and became effective an December 19, 1994 but expired on June 19, 1996 due to inactivity. Related Division of State Lands Permits and Army Corps of Engineers Permits were also obtained for the wetlands fill and mitigation concept. The previous Division of State Lands Permit is still valid for the proposed wetlands fill and mitigation concept. The previous Army Corps of Engineers Permit has expired due to a reorganization of the Army's Nationwide Permitting process. Vicinity Information: The subject property is located on the south side of SW Dartmouth Street, the west side of SW 72nd venue and includes one (1) parcel within the Hermosa Subdivision, but otherwise north of the Hermosa Subdivision and east of Highway 217. Properties to the south within the Hermosa Subdivision are developed with detached single-family residences and have a zoning designation of CPA 98-02/SDR 98-02/PDR 98.01/SLR 98-02/MIS 98.04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 8 OF 42 Mixed Use Employment (MUE). Areas to the north are also designated for General Commercial use. Most of the property to the north is currently developed as the Cub Foods Shopping Center. Properties to the east have a zoning designation of Mixed Use Employment and are currently vacant or developed with detached single-family residences. ite Information and Proposal Description: The project proposes approval for 330,895 square feet of gross leasable commercial retail space. The majority of the shopping center has been designed with an emphasis to accommodate larger scale dry goods retailers. The applicant has proposed two (2) driveways to the site along the SW Dartmouth Street frontage and two (2) driveways on the SW 72nd Avenue frontage. The applicant has proposed to develop retail space within 11 buildings that would likely contain five (5) Major Anchor Tenants and several smaller tenants. The applicant also proposes to provide some 1,722 parking spaces to serve the proposed uses. On June 1, 1998, the Planning Commission conducted a Public Hearing and approved this proposal subject to Conditions of Approval. At this hearing the Planning Commission expressed strong reservations with this project due to traffic impacts to SW Pacific Highway and unfunded regional transportation improvements listed within the Tigard Triangle Design Standards. On June 23, 1998, the City Council conducted a Public Hearing and expreased similar concerns. At that hearing the City Council approved this proposal as proposed because needed transportation improvements required regional transportation funding solutions and cannot be solved by any single applicant. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public tacility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the concession that the interest in real property to be transferred !s roughly proportional to the impact the proposed development will have on the public. The applicant has provided an impact study addressing the projects impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. After July 1, 1998 the applicant will be required to pay TIF's of approximately $754,917 based on the 330,895 square feet of commercial retail space that as been proposed. Specific future tenants could increase or decrease this total based on the tenant mixture. CPA 98-02/SDR 98-42IPDR 98-01/SLR 98-021MIS 98-04 6/23198 PUBLIC HEARINGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 9 OF 42 Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $2,359,115 ($754,917 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $1,604,198. The applicant has committed to construct half-street improvements along the SW Dartmouth Street frontage and rebuild of the SW 72nd Avenue frontage with approximately a 3/4 street improvement. The applicant has committed to install traffic signals at the SW 72nd Avenue/SW Dartmouth Street intersection and at the SW 68th Parkway/SW Dartmouth Street intersection. Additionally, the applicant has committed to install traffic signals at both of the proposed SW Dartmouth Street driveways if warranted. The applicant has valued the cost of all committed street improvements at $834,074. Much of the proposed street improvement work allows for additional traffic capacity and is, therefore, eligible for a Transportation Impact Fee Credit (TIF). For this reason, the total value of the proposed street improvements, TIF Credits and any non TIF creditable work is expected to equal approximately $834,074. Because the total transportation impact is $2,359,115, the proposed street improvements are easily proportional to the impact of the development. Therefore, the applicant is paying only a portion of the projects impact on the transportation system. Use Classification: The applicant is proposing to build 2 shopping center to serve commercial retail tenants. This use is classified in Code Section 18.42 (Use Classifications) as Retail Goods and Services. The proposed general retail, commercial use of the property is listed as a permitted use within the General Commercial Zoning District. Dimensional Requirements: The General Commercial Zoning District standards contained in MbSection 18.62.050 states that there is no minimum lot area and the average minimum lot width is 50 feet. Developments are required to provide a minimum of 15% landscaping or areas not developed with impervious surfaces. The parcel width standard is addressed within the Lot Line Adjustment review portion of the staff report. The applicant proposes to landscape or provide wetlands mitigation areas for approximately 195,534 square feet of the net site area of 25.70 acres of area. This equals 17 % of the net site area and, therefore, complies with the 15% minimum non-impervious surface area requirement. Setbacks: Section 18.62.050 states that there is no front, side, or rear yard setback is required except 20 feet shall be required where the zone abuts a residential zoning district. To the south, the site adjoins property that is designated as Mixed Use Employment that permits residential use. These properties are also developed with detached single-family residential uses, therefore, the 20-foot setback is found to be applicable. The applicant has provided a minimum of a 40-foot setback with a 20-foot screening and buffering area, in compliance with this standard. Building Height: Section 18.62.050 states that a maximum height of 45 feet is permitted in General Commercial Zoning District. None of the proposed building elevations of the Major Anchor buildings and Pads A-D would exceed a height of 34 feet, in compliance with the 4540ot maximum height restriction. The combined Pad E and F building, west elevation would have a height of 48 feet. Compliance with the building height exceptions standards are addressed below. Section 18.98 permits structures up to a height of 75 feet in height where the total floor area oes not exceed 1 and 1/2 times the area of the site; the yard dimensions in each case are equal to 1/2 of the building height of the principal structure and the structure shall not abut a residential zoning district. The total site area is 1,119,492 square feet and the total building area CPA 9"21SDR 98-021PDR 98.0113LR 98-021MIS 98.04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 10 OF 42 of Pad E and F would equal 13,592 square feet, therefore, this standard is met. The yard dimensions comply with this standard except for the dimension towards SW 72nd Avenue. Because the Tigard Triangle Design Standards require that no more than a 10-foot building setback be provided, therefore, because the building is required to be developed near the street right-of-way and the elevation that exceeds the standard does not face SW 72nd Avenue, this requirement is not Oound to be applicable in this situation. The proposed structure also does not abut a residential zoning district. Planned Development: Section 18.bO allows the option for an applicant to create a more efficient, economically viable development that preserves natural land features while implLmenting the land use designation set forth for the property though the Comprehensive Plan. Section 18.80.130(A)(1) (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Sections. The applicable criteria in this case are Chapters 18.32, 18.62, 18.80, 18.84, 18.85, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116 18.120, 18.150, 18.162, 18.164, the Tigard Triangle Design Standards and the Metro Functional Plan Standards. The proposal's consistency with these sections has been reviewed within this report. The Plannr I Development Review is a three (3) step process as follows: 1. Approval of a planned development overlay zone; 2. The second step is the approval of the planned development concept plan; and 3. Approval of a Detailed Development Plan is also required. Whe subject pro,, elty was previously designated with a Planned Development Overlay. Therefore, the first step of this process was previously completed and all development of this property is required to be undertaken through the Planned Development process. The applicant has requested Conceptual Planned Development approval with this application to comply with the second step. The applicant has also requested simultaneous review of the Detailed Planned Development to comply with the third step in the process. Because the Site Development Review application requires the Detailed Planned Development Review level of detail, combining these actions is appropriate. Section 18.80.120(A)(3) provides further review standards for Planned Development that have been addressed below as follows: Relationship to the natural and physical environment: (1) The streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible; (ii) Structures located on the site shall not be in areas subject to ground slumping and sliding; (iii) There shall be adequate distance between on-site buildings and other on-site and off- site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; 10(iv) The structures shall be oriented with consideration for the sun and wind directions, where possible; and CPA 98-021SDR 98-021PDR 98-01/SLR 98-021MIS 98-04 x123198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 11 OF 42 (v) Trees with a six (6) Inch caliper measured at four (4) feet in height from ground level, shall be saved where possible; The applicant has demonstrated that, based on the intensity and type of proposed land use, that maintenance of the existing topography, wetlands system and vegetation is impossible while Weveioping a single shopping center. Natural drainage has been partially preserved through the site and upstream and downstream of the site but within the property the applicant has demonstrated that drainage will need to be altered to accommodate the proposed improvements and to treat storm water runoff within proposed on-site facilities. -A Geological Soils Report was provided concerning soil conditions and indicates that the site is suitable for the type of commercial structures that have been proposed. This report indicates that there is no evidence of slumping or sliding of soils on this site. Maintenance of a 20-foot screening and buffering setback with r required landscape materials is proposed to the residentially used properties to the south. Beyond the 20-foot screening and buffering area the proposed structures will be setback a minimum of an additional 20 feet to accommodate other required site improvements. The development has been preliminarily reviewed for compliance with Fire and Life Safety Standards. The Building Division has provided comments and recommended Conditions of Approval concerning these standards. Fire flow calculations, fire hydrant locations and related standards will be reviewed again during the Building Permit Plan Check Review. Solar accessibility standards are not specifically applicable to commercial development elsewhere in the Development Cade. Due to grading, tree removal and the configuration of the pads on this site the proposed commercial structures would have solar access. No building has been designed to shade another building. The applicant has proposed to remove extensive numbers of existing trees Ws part of this development. The tree removal and the applicability of tree mitigation requirements is discussed ir detail elsewhere within this report. Buffering, screening, and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses (for example, between single-family and multiple-family residential, and residential, and commercial); (ii) In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile; (iii) On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops shall be provided and the following factors shall to considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which It Is needed; and (c) Whether the screening needs to be year-round; CPA 98-02/SDR 98.02/PDR 98-01/SLR 98.021MIS 98-04 8/23!98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPI M CENTER PAGE 12 OF 42 The site only adjoins residential uses to the south. The proposed grading plan shows that the west and east ends of the Major Anchor Tenant Buildings would be roughly at grade with the existing residences. The finished pad elevations of Major Anchors II, IIIA, IIIB and IV would be roughly 10 to 20 feet below the grade of the adjoining residences. The finished elevation of the rooftop of the buildings would be at roughly the same elevation as eye level at the residences. The applicant has Wgreed not to place rooftop equipment within the first 20 to 40 feet of the southern edge of these buildings. Because the roof top equipment would be roughly at eye level of the adjoining residences, the applicant shall revise the plan to provide a building parapet height sufficient to screen from view of rooftop mechanical equipment Major Anchor Buildings 11, IIIA, IIIB and IV and the south east corner of Major Anchor 1. Service areas such as loading areas of Major Anchor Tenants Ii, III-A, III-L and IV would be screened from view of the residences based on the proposed finished grades. Because the finished elevation of Major Anchor Tenant I would be some eight (8) feet higher than residences immediately to the south, the applicant shall screen the loading area for at least the length of the truck that would service this site, likely 65 feet, at a height of a typical servicing vehicle. This may be accomplished through a matching split face concrete block wall or other method as approved by the Planning Division. Based on the site development constraints and the higher street elevation of SW 72nd Avenue, it does not appear possible to entirely screen rooftop mechanical equipment to serve the Major Anchor Tenant buildings as seen from SW 72nd Avenue. For this reason, all rooftop mechanical equipment to serve the Major Anchor Tenants shall be designed to match the color of the rooftop. Screening and buffering standards have also been addressed through this proposal with a 20-foot scram-ping and buffering area where this site adjoins the detached single-family residential uses to the south. A detailed review of how the proposed screening and buffering area meets the applicable tandards has baen addressed elsewhere within this report. Privacy and noise: (1) Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; A noise study has been provided that indicates the site improvements can comply with both Department of Environmental Quality (DEQ) noise standards and Municipal Code standards. However, the Noise Study assumes that the allowable noise levels pursuant to the Municipal Code standards are higher than were intended. The Municipal rode was revised in 1996 pursuant to Ordinance 96-06. The Ordinance is interpreted to have placed additional maximum noise standards The applicant interpreted the table to mean that nigher maximum noise levels were permitted. Because the City did not set standards based on the percentage of an hour that a noise level can take place, it is interpreted that DEQ standards also apply and that the site as designed complies with the DEQ standards and the City's higher maximum noise level standards. The shopping center grading plan partially addresses this issue because the majority of the site would be below grade of the adjoining residential structures. To comply with applicable none standards, the consulting engineer recommended sound barriers along a portion of the southern property line. Because of screening and buffering standards, the applicant is required to construct a Oence, wall or bean with landscaping along the entire southern property line where the site adjoins single-family residences. The site plan also restricts the location of roof top mechanical equipment CPA 98-02/SDR 98-021PDR 98.01/SLR 98.02/MIS 98-04 6/23190 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 13 OF 42 away from the southern portion of the Major Anchor Tenant buildings. Additional screening and buffering measures are discussed elsewhere within this report. Because of the type of uses that are proposed and their orientation, maintenance of privacy within the rear yard of the adjoining homes is expected to be addressed through the construction of a ontinuous sound attenuaticn wail along the southern property line. Private outdoor area: residential use: (1) In addition to the requirements of subparagraph (iii), each ground level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet; (ii) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (iii) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space; Provision of common outdoor open space areas is not required because the applicant has not proposed a residential development. Shared outdoor recreation areas: residential use: (i) In addition to subparagraphs (ii) and (iii) of this section each multiple- dwelling deveiopment shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two (2) bedroom units, 200 square feet per unit; and tb) Three (3) or more bedroom units, 300 square feet per unit; (ii) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (Ili) The required recreation space may be provided as follows: (a) It may be all outdoor space; or (b) it may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or (c) It may be all public or common space; or (d) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; or (e) Where balconies are addled to units, the balconies shall not be less than 48 square feet; The provision of common outdoor open space areas is not required because the applicant hF-S proposed a commercial development. Access and circulation: (i) The number of allowed access points for a development shall be provided in Chapter ANN, 18.108; "Vol) All circulation patterns within a development must be designed to accommodate emergency vehicles; and CPA 9s-02JSDR 98-021PDR 98.01/SLR 98-02/MIS 98.04 6/23198 PUBLIC HEARING CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 14 OF A2 (III) Provisions shall be made for pedestrian and bicycle ways If such facilities are shown on an adopted plan; Section 18.108 requires a minimum of two (2) points of access where 100 parking spaces or more are required. Z vie applicant has proposed four (4) points of access two (2) each on SW 72nd Avenue and SW Dartmouth Street in compliance with Section 18.108. The two-way access width standard is 24 feet. The majority of this site complies with this standard, except for the way drive aisle behind the anchor tenant buildings. The loading docks behind Major Anchor Tenant buildings IIA and IIB shall be revised a minimum of 24 feet of clear width. The applicant has also shown emergency vehicle access to SW Hermosa Way. R4gular commercial access could also take place via this driveway. However, because the adjoining Hermosa Subdivision is still primarily used for detached single-family residential purposes the applicant has rot proposed to make this a daily use type connection. The applicant has instead shown a breakaway gate for emergency access. Because four (4) other driveways have been provided to serve this site no additional access is required to be provided. It is suggested that in order to provide an alternate route and reduce congestion ai the four (4) proposed major entrances that permanent access via SW Hermosa Way could be provided if the adjoining Hermosa Neighborhood is converted to commercial use. The trash and recycling enclosure shall also be revised to provide a minimum of 24 feet of clear width. The design of the proposed street improvements has been reviewed by the Engineering Department and the Fire District. The Engineering Department reviewed street improvement requirements in detail elsewhere within this report. Conditions of Approval are recommended to ensure compliance with the applicable street improvements standards. The applicant has provided a total of five pedestrian connections from SW Dartmouth Street and W 72nd Avenue along the, main entrances to the site. Bicyclists would likely either share the four (4) proposed commercial driveway improvements into the site or share pedestrian sidewalk improvements. The City's adopted Park and Trail Master Plan also does not currently designate a bicycle and/or pedestrian trail though this site. Landscaping and open space: (1) Residential Development: In addition to the requirements of subparagraphs (iv) and (v) of section A of this subsection, a minimum of 20% of the site shall be landscaped; (ii) Commercial Development: A minimum of 15% of the site shall be landscaped; and (iii) Industrial Development: A minimum of 15/0 of the site shall be landscaped; Section (ii) is applicable to this request. The applicant has demonstrated that a minimum of 17 % of the site will be landscaped or contains wetlands mitigation areas in conformance with this requirement. Section (i) and (iii) are not applicable because no residential or industrial development is proposed. ANN CPA 98-021SDR 98.02/PDR 98-01/SLR 98-021MIS 98.04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORD& TRI-COUNTY SHOPPING CENTER PAGE 15 OF 42 Public transit: (1) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development; SW Dartmouth Street and SW 72nd Avenue are not presently transit served facilities. The applicant has shown possible locations of future bus stops on the site's SW Dartmouth Street frontage should transit service be made available in this area. The City received no comments from Tai-MET concerning this proposal. (11) The required facilities shall be limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (a) Hard surface paths connecting the development to the waiting area; SW Dartmouth Street is not presently a transit served facility, therefore no transit facilities can be required at this time. SW 72nd Avenue is also not a transit served facility. The provision of transit facilities cannot be required along this frontage either. Signs: (i) In addition to the provisions of Chapter 18.114, Signs: (a) Location of all signs proposed for the development site; and (b) The signs shall not obscure vehicle driver's sight distance; Allk All future signage at the site will be reviewed through the sign permit process for conformance with the provisions of Chapter 18.114. Parking: (i) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter IM06; Compliance with the applicable parking standards has been reviewed elsewhere within this report. Drainage: (1) All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan; Compliance with these standards has been reviewed elsewhere within this report. Fioodplain dedication: (1) Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. CPA 98-02/SDR 98-WPDR 98-01/SLR 98-02/MIS 98.04 6/23198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 16 OF 42 The applicant states that fill of the site that may have been in the 100-year flood plain was done in the early 1980's and does not consider these areas to be within the 100-year floodplain. It is recommended that the site be considered to be outside of the 100-year flood plain but that verification of this be made by requiring reissuance of Army Corps of Engineers permits prior to i 0 ssuance of Building Permits. The City has park system development fees in place to fund planned park improvements. Park system impact fees will be assessed for this development prior to the issuance of building permits. Because the 100-year floodplain elevation does not likely exist on this property dsaication of a portion of the property for development of a trail does not appear possible. P Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, wetlands and drainageways that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Wetlands: Section 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have teen satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive,Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed landform alteration is within 25 feet of wetlands designated as significant within the City's Water Resources Overlay that designates significant 6 etlands within the Comprehensive Plan. However, the eastern one half of the site presently has a w slope of approximately based 10 The applicant has proposed to exchange fill on the steeper portion of the site to the flatter areas. For this reason, it does not appear possible to develop the entire site as a single shopping center without filling and mitigating the existing wetlands system through the site. The applicant has submitted a Comprehensive Plan Amendment application in conjunction with this request to address the impacts to the wetlands system in this area in detail. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. Development of the site as two (2) or more centers would leave an inaccessible walled canyon type wetland system though the site. For this reason, the proposed fill and mitigation plan is the minimum amount of work necessary given the existing development constraints. Based on the topography of the development proposed, large scale mass grading is necessary to develop the site as a single shopping center. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated. The applicant has proposed to treat storm water runoff through the site and provide drainage structures that allow drainage to then utilize existing drainage patterns downstream of the site. The site plan provides a 15-foot setback buffer in accordance with Unified Sewerage Agency standards to off-site wetlands areas to the west of this site. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County ust be met and areas not covered by structures or impervious surfaces will be replanted In like or similar species In accordance with Chapter 18.100, Landscaping and Screening. Prior to issuance of permits the applicant will provide plans that will be reviewed for compliance with CFA 98-OSDR 58-MPDR 98-01/SLR 98.02/N11S 98-04 EVZW8 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 17 OF 42 applicable erosion control standards. The use of required erosion control measures will be an ongoing project requirement. The applicant has proposed landscaping that through the Conditions of Approval can comply with applicable standards for a shopping center. Replanting the site with similar plant species is not always appropriate within a shopping center, The applicant has proposed the use of Douglas Fir trees among other that are same or similar to the species now existing on the property. All other sensitive lands requirements of this chapter have been met. The applicable sensitive landc i squirements have been addressed within this portion of the report. The provisions of Chapter 18.150, Tree Removal, shall be met. The applicant has proposed extensive tree removal on this property in order to undertake the massive grading necessary to develop this site as a single shopping center. Many of the trees on-site ware planted as a Christmas Tree Farm and are therefore exempt from the City's tree removal requirements. Compliance with the tree removal standards are dealt with in detail elsewhere within the report. Physical Limitations and Natural Hazards, Floodpllains and Wetlands, Natural Arecs, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. These policies are implemented by the applicable standards of the Community Development Code that are addressed elsewhere within this staff report. Water Resources Overlay: This section addresses the applicable criteria of the proposed Comprehensive Plan Amendment application. Section 18.85.140 requires the following criteria to be addressed, to allow the proposed fill and mitigation of 1.41 acres of wetlands of the total 1.96 acres that exist on this site. The wetlands systems on this site are designated as a portion of the City's Significant Water Resources: The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both the impacts on the specific resource site in comparison with other comparable sites within the Tigard Planning Area. This wetlands system is part of a larger system that exists within drainage areas leading to the 217 Freeway. Currently the site contains 1.96 acres of wetlands. The applicant has proposed to fill 1.41 acres of these wetlands. A remaining .55 acres of wetlands is not proposed to be filled. This wetlands is located near the intersection of SW Dartmouth Street and SW 72nd Avenue. The 217 Freeway bisects the wetlands system in this area, so there is no continuous system that is disrupted by this work. The mitigation plan proposes to re-establish wetlands along the site's SW Dartmouth Street frontage that would be designed to function as a wetlands and would have approximately the same area as the wetlands to be filled. The applicant previously received permit approval for the mitigation plan from the Division of State Lands. Based on review of existing development patterns within the City Limits, the applicants statement that no other largely undeveloped General Commercial Zoned exists within the Tigard Planning Area is found to be correct. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, the or partial loss of the resource. The eastern one-half of the site has a 10 % slope in order to develop the site as a single shopping center maintenance of the wetlands system would likely require large scale retaining walls that would be greatly reduce access to the wetlands and likely impact their quality. After construction the wetlands would essentially be walled off through he center of the site. 'rhe applicant cites a cost of $600,000 to build retaining walls around the wetlands systems that exist through the site. This estimate appears correct based on the 1,300-foot length of the main wetlands system through this site. CPA 98- OSDR 9B-02/PDR 98-01/SLR 98.MMIS 98-04 W23/98 PUDLIC HEARING/CITY COUNCIL FINAL ORDER TRI•COUNTY SHOPPING CENTER PAGE 16 OF 42 Metro and the City have designated the Tigard Triangle Area es an employment center. Based on the intensive commercial development that is proposed, the applicant states that upon completion of this project that some 625 new jobs would be created. Because the applicant has kept some existing wetlands and replaced other wetlands that would be lost by this development, the proposed fill and mitigation would result in no net loss in Water Resources areas upon completion f this project. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use. The applicant's narrative has demonstrated that based on the level of buildout of the Tigard Planning Area, the size of the property and the General Commercial Zoning Designation of the property that there are no other vacant or largely under-developed sites in the Tigard Planning Area that could accommodate a single shopping center of the size that is planned. Maintenance of the wetlands area as it exists would make consolidation of the property for development of a single shopping center difficult. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney all of whorn are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis. The applicants wetlands determination was prepared by A.S.C.G. The applicant lists Dr. Martin Schott as environmental consultant to this project. The project manager is a Ed Christensen is Registered Civil Engineer. Mr. Christensen has extensive experience in compliance with land use regulations. The legal counsel to this project Mr. Mark Whitlow is a, Land Use Attorney, whom also is experienced. If the application is approved, than the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. Because an existing map forma: was prepared for all designated sites. If this application is approved staff will undertake the appropriate revisions to the resource maps. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). This standard is modified by the Tigard Triangle Design standards that require street trees on Major Arterial street to be a spreading variety with a height of 25 feet and a minimum spacing of 22 feet. The property has approximately 604 feet of frontage on SW 72nd Avenue exclusive of driveway entrances. Because the maximum street tree spacing on a Major Arterial Street within the Tigard Triangle is 28 feet, a minimum of 21 street trees are required to be planted. A total of 19, 3 1/2 caliper Little Linden street trees have been provided at 28 feet on center. The landscape plan shall be revised along the SW 72nd Avenue frontage to provide an additional two (2) Little Leaf Linden trees. The site has approximately 1,096 feet of frontage exclusive of driveway entrance areas on SW Dartmouth Street. The applicant has proposed to provide a total of 38, 3 and 1/2 inch Little Linden Street trees along this frontage at 28 feet on center. Based on the frontage length one (1) additional street tree shall be added along the SW Dartmouth Street frontage for a total of 39 Little Leaf Linden trees. and flee Buffering and Screening: Section 18.100.080 requires that at a minimum the buffer between a proposed commercial use and detached single-family residences must contain the following: 1) a 20-foot width for parking lots of more than 25 spaces, 2) a row of trees at a CPA 98.MSDR 98.02/PDA 98.01/SLR 98.021MIS 99-04 8123/98 PUBLIC HEARING/CITY COUNCIL FINAL ODDER TRI-COUNTY SHOPPING CENTER PAGE 19 OF 42 certain spacing based on their height at maturity and shrubs of varying numbers based on their size at planting, 3) the buffer must also contain either a row of evergreen shrubs, a five- foot minimum height fence, or an earthen berm with evergreen shrubs which will provide a continuous six (6)-toot screen within two (2) years. This criteria is not found to be applicable to this site to the north and west because there are no existing residential uses. To the east the roperty is adjoined by residential use but because SW 72nd Avenue intervenes screening but not buffering would normally apply. However, because the Tigard Triangle Design Standards require that new building placement be within 10 feet of the public right-of-way this standard is found to be superseded by the Tigard Triangle Design Standards in this case. Along the southern property line screening and buffering of this use from the adjoining detached single-family residential uses is required and has been provided. A 204oot buffer width has been provided as is required between detached single-family residential uses and commercial uses. A 20- foot buffer is also required between parking lots of 25 spaces or more adjoining detached single- family residential uses. The total length of the screening and buffering area is 1,573 lineal feet. The total area is 31,446 (1,573 X 20). To comply with the required screening standards and applicable noise standards the applicant has proposed to construct a continuous five (5)4oot wall along this property line in accordance with the weight standard discussed in the Noise Study. Due to site grading, the height of this wall will likely be much higher ( up to some 21 feet) as viewed from the applicants property. Based on maximum noise generation standards the wall would likely be no higher than 8 feet as viewed from the neighboring residential properties. Moving from west to east towards SW 72nd, the applicant proposed to plant 36 Douglas Fir trees within the first 350 lineal feet of buffer length. Douglas Fir trees are considered large specimens at maturity and can be planted at up to 30-foot spacing. The applicant has proposed to tightly pack hese trees together at 10-foot spacing which complies with the tree planting standard. For the next 170 feet the applicant has proposed four (4) Columbia River Willows and four (4) Western Crabapple trees at varying spacing. Staff was unable to find a discussion of these particular species. Assuming the proposed Columbia River Willows and Western Crabapple trees are defined as medium sized species that will reach 25-40 feet in height at maturity, a maximum spacing of 30 feet on center is permitted. In two (2) casos a spacing of more than 30 feet on center has been proposed. The applicant will therefore need to add two (2) trees or provide proof that these are large specimen trees. For the next 110 feet, the applicant has again proposed to tightly pack together 10 Douglas Fir trees at 12 feet on center. Again because these are considered large specimens at maturity this planting complies with the standard. For the next 150 feet, the applicant has proposed to intersperse some three (3) extra Scarlett Oaks with 13 Douglas Fir trees. Other trees of the same species are also provided but were required in order to shade adjoining parking spaces. Both are considered large species therefore the spacing of these trees at 10-20 feet on center exceeds the spacing standard. For the next 793 feet, the applicant has proposed to intersperse some nineteen extra Scarlett Oaks with 31 Douglas Fir trees. Other trees of the same species are also provided but were required in order to shade adjoining parking spaces. Both are considered large species, therefore, the spacing f these trees at 10-20 feet on center complies with the spacing standard. CPA 98-02/SDR 98-=PDR 9"1/SLR 98-021MIS 98-04 '"M3198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 20 OF 42 Because the screening and buffering area has approximately 31,466 square feet of area, a minimum of 314 five gallon shrubs or 628 one (1) gallon shrubs are required. The screening and buffering plan included some 171 24 inch- 30 inch Dwarf Winged Euunymous shrubs on only the eastern 793 feet -of the buffer area. The screening and buffering plan shall therefore be revised to add shrub p 0 lantings along the entire remaining length of the 204oot screening and buffering area. Screening: Special Provisions: Section 18.100.110(A) requires the screening of parking and loading areas. Landscaped parking areas shall Include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy affect. The minimum dimension on the landscape islands shall be three (3)-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Based on the proposed design of the site the majority of the parking lot and service areas will be screened by the buildings themselves. Portions of the parking lot along the SW Dartmouth Street frontage will not be screened by buildings, however, the proposed wetlands mitigation area along this frontage would provide a minimum of a 35-foot buffer between the parking lot and SW Dartmouth Street. A minimum of 246 parking lot trees will be required to serve the proposed 1,722 parking spaces. Presently, some 298 parking lot trees are proposed. Because 1,722 parking spaces are proposed this provides an average of one (1) parking lot tree for every 5.7 parking spaces. In certain areas the applicant did not evenly disperse parking lot trees at one (1) for every seven (7) spaces. The applicant shall add a minimum of three (3) parking lot trees along the western elevation of the Major Anchor I. The applicant shall also add a parking lot tree on the south side of Major Anchor 1, east of the loading dock area. The applicant shall also add two (2) parking lot trees along the south east comer of Major Anchor I. The applicant shall also add a parking lot tree to the east side of the Pad B building. Landscape islands though out the developmept have a width dimension of at least five (5) feet in compliance with the three (3)-foot minimum width standard. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2) (2), 30-foot distance points with a straight line. Upon review of the Tigard Triangle Design Standards, the Clear Vision standards have been found to be superseded by newer Tigard Triangle Design standards such as building placement. As indicated on the site plan, proposeu monument signs have been proposed within Clear Vision areas. Where possible it is suggested that these signs be relocated for traffic safety reasons. Minimum Off-Street Parking: Section 18.106.030.(C)(22) requires a minimum of one (1) parking space for each 400 square feet gross floor area for a General Retail Sales use. A maximum of 40% of required parking spaces can be developed as compact parking spaces. The applicant has proposed to provide 1,722 parking spaces. Assuming one (1) space for each 400 quare feet of gross floor area for 330,895 square feet of General Retail Sales Use, a minimum of 828 parking spaces are required. For this reason, the proposed parking complies with the minimum CPA 98-WSDR 98.03/PDR 98.01/SLR 98.021MIS 98.04 6123/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI•COUNTY SHOPPING CENTER PAGE 21 OF 42 parking ratio standard. The applicant has proposed to 308 compact spaces which is less than 40 % (331 spaces), of the 828 required parking spaces In compliance with Section 18.106.020(J) parking lots that provide In excess of 20 preferential long term parking spaces shall provide at least 5% of these spaces as carpool/van pool parking spaces. Each of the proposed vanpool/carpool spaces are full: size parking spaces. Each space shall have signage designating for use only by vanpool/carpool users between the hours of 7:00 am and 5:30 pm. The applicant has agreed to provide 68 long term parking spaces. The applicant shall designate four (4) of these spaces as vanpool/carpool spaces. In terms of convenience the applicant shall locate the four (4) vanpool/carpool spaces as conveniently as possible to the main building entrance, after provision of handicapped accessible parking spaces. Section 18.106.050 states that parking structures shall have a minimum vehicle clearance height of 7 and 1/2 feet for the entry level (to accommodate car pools and vanpools) and 6 and 3/4 feet for all other levels. A warning bell or other signal shall be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. Required bicycle parking spaces for uses served by a parking structure must be covered unless the bicycle parking spaces will be more than 100 feet from the building entrance. The applicant has proposed the use of a parking structure to serve Pads E and F. The applicant has designated preferred parking spaces adjacent to Pads E and F but did not designate carpool or vanpool spaces. Because carpool and van pool spaces may be provided elsewhere on site, the 6 and 3/44oot clearance height standard can be used for the parking structure entrance. The applicant provided a clearance height of 6 1/4, 8 and 9 feet respectively at the three (3) entrances to the parking structure. The applicant shall modify the parking structure to provide a minimum of 6 and 3/4 feet of clearance height at all entrances, if no carpool, vanpool spaces are provided. The applicant shall provide 7 and 1/2 feet of clearance if carpool and vanpool spaces are provided. The structure is west of Pad F that has frontage on SW 72nd Avenue. For this reason, he Clear Vision standards are not applicable. Required bicycle parking spaces are shown under an awning on the west elevation of Pad F in compliance with the covered bicycle parking standard. In discussions with Metro and the applicant both have stated that because the application includes a Comprehensive Plan Amendment that the Functional Plan standards of the Metro 2040 plan apply to this application. In particular the maximum parking ratio standards apply to this site. This site is designated as a Zone B area which is not considered pedestrian and transit accessible. Within the Zone B area maximum parking ratio restrictions specify that a ratio of no more than 6.2 parking spaces per 1,000 square feet of gross floor area shall be provided. Because the applicant has proposed 230,895 square feet of retail gross space, no more than 2,055 parking spaces can be developed on this site. The applicant has proposed 1,722 parking spaces and therefore this site does not exceed the maximum parking ratio standard. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 20 disabled parking spaces if up to 1,000 parking spaces are provided. An additional space is required for every 100 apaces or fraction thereof. Because 1,722 parking spaces are proposed a minimum of 28 handicapped accessible parking spaces are required. The plan provides twenty nine (9) disabled parking space in ompliance with this requirement. It is recommended that one (1) of the three (3) disabled parking paces from Major ILIA and Major IV be moved near the entrance in front of Major 1118 so that handicapped parking spaces will be available in front of the store entrance of Major Anchor I118. CPA 98.CVSDR 98.02JPDR 98-01/SLR 98.OZMIS 98-04 6123/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 22 OF 42 ,Bicycle Parkins: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. Based on the 828 parking spaces that are required for this development a minimum of 56 bicycle parking spaces are required. The plan notes that bicycle racks for 115 bicycle spaces are proposed to be provided. These bicycle racks are dispersed throughout the site. The applicant shall provide a bicycle rack detail that demonstrates when in use that bicycle racks will not block pedestrian walkways. This will require a four (4)-foot minimum width clear walkway be maintained. Whew possible the applicant shall relocate the proposed bicycle racks under cover near main building entrances. Off-Street Loading spaces: Section 18.136-080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. This standard has been addressed on part of this site because each of the Major Anchor Tenants were provided with a loading space. The applicant also marked a standard automobile parking space in front of Pads A-F as loading spaces. Due to the size of a parking space and the size of delivery trucks that may service this site the designated loading spaces do not appear adequate. The applicant shall revise the site and landscape plan to provide a suitable size loading spaces to accommodate delivery trucks for all applicable tenants spaces of 10,000 square feet or more within Pads A, B and D. This standard is not applicable where no tenant occupies a minimum of 10,000 square feet. Access: Section 18.108.080 requires that commercial uses which require more than 100 parking spaces provide a minimum of two (2) access points with a minimum width of 30 feet and a minimum pavement width of 24 feet. The applicant has proposed to provide four (4) points of access, two (2) each to SW Dartmouth Street and SW 72nd Avenue, in compliance with this requirement. The majority of this site complies with this standard, except for the two-way drive aisle behind the Major Anchor Tenant buildings. The loading docks behind Major Anchor Tenant buildings IIA and IIB shall be revised a minimum of 24 feet of clear width. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3)-foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, ar contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The walkway overall width requirement is modified by the Tigard Triangle Design Standard that requires six (6) feet of total width and is reviewed elsewhere within this report. The City wide standard of four (4) feet of unobstructed walkway width does apply. Prior :o issuance of Building Permits finished site plans will be reviewed for compliance with this standard. The site and landscape plans as proposed do not require pedestrian to cross driveway aisle of more than 36 feet. Signs: Section 18.114 lists the type of allowable signs and sign area permitted in the C-G oning District. The applicant provided a detail of a proposed monument sign and potential ocations on SW Dartmouth Street and SW 72nd Avenue but did not provide any other details or a sign program. The applicant shall submit for review and approval a sign program that complies with the standards for a shopping center in the General Commercial Zoning District with any special CPA 98.02/SDR 98.021PDR 98-01/SLR 98-MIS 98.04 6123,98 PUBLIC HEARINGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 23 OF 42 'limitations as required by the Tigard Triangle Design Standards. The applicant also proposed a freeway monument sign in the southwest comer of the site. Because this site is entirely beyond 250 feet the proposed "freeway" sign is not permitted. Au& Mixed Solid Waste and Rec clables Storage: Section 18.116 requires that new construction ncorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The application provided the location of trash and recycling enclosures throughout the shopping center. The proposed locations do not allow the center to comply with the two-way aisle width standard of 24 feet behind Major Anchor Tenants III A and IIIB. The trash and recycling enclosures serving Major Anchor Tenants IIIA and IIIB shall be revised to comply with the 24-foot two-way aisle width standard. The applicant shall obtain sign off from the franchise waster hauler for the location of all trash and recycling enclosures and provide a detail of the type of screening to be provided around these enclosures. Site Development Review - Approval _Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.32, 18.62, 18.80, 18.84, 18.85, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116 18.120, 18.150, 18.162, 18.164, the Tigard Triangle Design Standards and the Metro Functional Plan Standards. The proposal's consistency with these standards is reviewed within this report. The proposal contains no elements related to the provisions of Code Chapters 18.80 (Planned Developments), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards. Section 18.120.180(A)(2) ;provides other Vie Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are either addressed below or are found not to be applicable. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year floodplain), 18.120.180.9 (Demarcation of Spaces) and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.(A)(2) states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The applicant has proposed to remove existing trees on the site in order to accommodate the massive grading and fill work necessary to develop a shopping center on this site given its topography. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.180.(A)(4)(a) states that buffering shall be provided between different types of land uses. This standard has Peen addressed by the applicant through the land use screening and buffering contained in Section 18.100. CPA 98.02/SDR 98.02/PDR 98-01/SLR 98-02/MIS 98.04 8/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 24 OF 42 Section 18.120.180.(A)(4)(b) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. Screening of these areas is discussed elsewhere within this report. ,mkPrivacy and Noise: Section 18.120.180.(A)(5) provides the following Privacy and Noise standards: A. Structures which include residential dwelling units shall provide outdoor areas for each ground floor unit B. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise. C. Residential buildings shall be located on the portion of the site having the lowest noise levels. D. On site uses which create noise, lights or glare shall be buffered from residential uses. Subsections A and C are not applicable because the applicant has not proposed residential development. The applicant has proposed a continuous sound attenuation wall along the southern property line to address view. The applicant proposes a land use screen and buffer that is reviewed elsewhere within this report. Demarcation of Spaces - Crime Prevention: Section 18.120.180.(A)(9) states that structures and site improvements shall be designed so that public areas, semi-public areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, in order to provide for crime prevention and to establish maintenance responsibility. The applicant provided plans to the Police Department that included security lighting. The Police Department did not have any comments or concerns with the plans as proposed. 46krlme Prevention and Safety: Section 18.120.180.(A)(10) requires that windows be located so that areas vulnerable to crime can be surveyed by the occupants; interior laundry and service areas shall be located in a way that can be observed by others; mail boxes located in lighted areas having vehicular or pedestrian traffic; exterior lighting levels selected and angles shall be oriented towards areas vulnerable to crime; and light fixtures shall be provided in areas having pedestrian or vehicular traffic and in potentially dangerous areas. Separated laundry areas are not proposed for this development. The Police Department has reviewed this development and has requested to review the security lighting and addressing plans for this development. Access and Circulation: Section 18.120.180.(A)(11) requires that the City review-, a) The number of allowed access points for a development shall be as provided in Section 18.108.070; b.) All circulation patterns within a development shall be designed to accommodate emergency vehicles; and c.) Provisions shall be made for pedestrianways and blcycleways if such facilities are shown on an adopted plan. The applicant is proposing four (4) access points which comply with the standards of Section 18.108. This plan has been reviewed by Fire District staff and was generally found to comply with Uniform Fire Code standards. Prior to the issuance of building permits, any necessary minor internal modifications will be required. The City's adopted Park and Greenway Plan does not indicate the existence of Bicycle or Pedestrian Accessway through the site. Public Transit: Section 18.120.180.(A)(12) requires that the City review; a.) Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to Oxisting or proposed transit route; b.) The requirements for transit facilities shall be based on: (i.) the location of other transit facilities in the area; and (ii.) The size and type of the proposal; c.) The following facilities may be required after City and Tri-Met review: (I.) Bus CPA 98-02/SDA 98-021PDR 98-011SLR 98.OZWIS 98.04 6123198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 25 OF 42 stop shelters; (ii.) Turnouts for buses; and (iii.) Connecting paths to the shelters. Southwest 72nd and SW Dartmouth Street are not presently served by transit. A copy of the proposed development plans have been provided to TRI-MET. The City has not received any comments concerning this proposal. arkina: Section 18.120.180.13 requires that the City review; a.) All parking and loading areas shall be designed in accordance with the requirements set forth in Sections 18.106.050 and 18.106.090, Chapters 18.102, Visual Clea: ante, and 18.108, Access, Egress, and Circulation. Parking standards have been review=ed elsewhere within this report. Landscaping: Section 18.120.180.(A)(14) requires that the City review; a.) All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.100. b.) In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 % of the gross area including parking, loading and service areas shall be landscaped; and c.) A minimum of 15 % of the gross site area shall be landscaped. Subsections A and B of this standard are not found to be applicable because the applicant has proposed a commercial development. Subsection C is found to be applicable and has been reviewed elsewhere within this report. Drainage: Section 18.120.180.(A)(15) requires that the City review; a.) All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan. Drainage requirements have been reviewed elsewhere within this report. Provision for the Handicapped: Section iR,120.180.(A)(16) requires that the City review; a.) All facilities for the handicapped shall be designed in accordance with the requirements set forth in ORS Chapter 487. The applicant has addressed these requirements preliminarily by providing 29 handicapped accessible parking spaces. Prior to issuance of building permits, this entire development will be reviewed in detail for compliance with handicapped accessibility requirements. Signs: Section 18.120.180.17 requires that the City review that all sign placement and construction shall be designed in accordance with requirements set forth in Chapter 18.114. All provisions and regulations of the underlying zone shall apply unless modified by other sections of this title (e.g., the Planned development, Chapter 18.80.; or a Variance granted under Chapter 18.134; etc.) The applicant has not requested sign permits in conjunction with this application. As discussed elsewhere within this report the applicant will need to develop a sign program for this center. Underlying Provisions and Regulations of the Underlying Zone: Section 18.120.180.(A)(18) requires that the City also review all other underlying requirements of the zoning district. The underlying zoning district requirements are reviewed elsewhere within this report. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Based on the massive grading necessary to develop this site, the applicant has proposed to remove all existing trees on the property. Tree removal is appropriate based on the topographic conditions, the plan to develop the site as a single shopping center. The applicant has discussed that this site represents the only largely under developed, large scale commercial site available in the Tigard Planning Area. CPA 98.02/SDR 98.02/PDR 98-01/SLR 98-02/MIS 98.04 6/223/98 PUBLIC HEARiNGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 26 OF 42 -A total of 53 trees with 992 caliper inches were identified on this site as healthy non-exempt trees over 12 inches in diameter. Some 267 trees exist on the site not including the exempt Christmas Trees but many of the trees on site were also exempted under the Washington County Tax Assessor's "small woodlands" exemption. A total of 1.62 acres of the site is exempt from tree m 0 itigation for this reason. Because all of the healthy trees over 12 inches in diameter are proposed Yo bG removed, 100 % of the caliper inches lost are required to be mitigated. The applicant has propesad to partially mitigate 926 caliper inches on site by upsizing landscape plantings to a 3 and 1/2 caliper size. This equals 1 and 1/2 inches of additional caliper size. In preparing the free mitigation plan it appears that the applicant included exempt trees at 12 inches in diameter as part of the tree mitigation plan. This would have required an additional 338 caliper inches of tree mitigation. The applicant has proposed to remove trees within wetlands areas that are to be preserved. It is not clear why these specific trees (Numbered 88-96 in tree removal plan) are need to be removed since the wetlands in this area is to be preserved. Because these trees are 6 inches in size and within a sensitive lands areas the applicant shall obtain a tree removal permit prior to their removal. The applicant has also agreed to transplant some 1,500 caliper inches of existing Christmas trees at an off-site location, as a tree mitigation credit for a future development project. A remaining 66 caliper inches may be planted off-site or tree mitigation fees paid for the value of purchase and planting of additional trees. Also, the applicant and City may agree to locate existing Christmas trees on the property at off-site City open space sites. Street Improvements: Section 18.164.030.A.1 states that no development shall occur unless the develnpment has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. The Wapplicant has been required to construct street improvements in accordance with this section. This has been reviewed elsewhere within this report. TRIANGLE DESIGN STANDARDS: Design standards for public street improvements and for new development and renovation projects have been prepared for the T 1gard Triangle. These design standards address several important guiding principals adopted for the Tigard Triangle, including creating a high-quality mixed use employment area, providing a convenient pedestrian and bikeway system within the Triangle, and utilizing streetscape to create a high quality image for the area. All new developments are expected to contribute to the character and quality of the area. In addition Zo meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate In funding future transportation and public improvement projects necessary within the Tigard Triangle. The following design standards apply to all development loceed within the Tigard Triangle. If a standard found in this section conflicts with another standard in the Development Code, 0 standards in this section shall govern. CPA 98-02/SDR 98.0ZIPDR 98.01/SLR 98-OZWIS 98-04 6/23198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 27 OF 42 STREET CONNECTIVITY: All development must demonstrate how one (1) of the following standard options will be met. Variance of these standards may be approved per the requirements of Chapter 18.134 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. Performance Option A. Local street spacing shall occur at intervals of no less than eight (8) street intersections per mile. B. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance. C. The shortest pedestrian trip on public right-of-way from a local origin to a collector or greater facility is no more than one and one-half the straight-line distance. Given the fact that the length of SW Dartmouth Street is 4,100 lineal feet, approximately six (6) intersections would be required to meet this standard. Based on the number of existing and planned streets, this standard is considered to have been met without the extension of a street(s) through this site. Including the intersections of SW Dartmouth Street at SW Pacific Highway, SW Dartmouth Street at the planned Backage Road, SW Dartmouth Street at the planned fly over to SW Hall Boulevard, SW Dartmouth Street at SW 72nd Avenue, SW Dartmouth Street at SW 70th Avenue, SW Dartmouth Street at SW 69th Avenue and SW Dartmouth Street at 1-5; a total of seven (7) intersections are existing or planned within the Tigard Triangle. For this reason, an extension of a street through the Tri-County Shopping Center site from SW Dartmouth Street is not required. Given the fact that the length of SW 72nd Avenue through the Triangle is 4,400 lineal feet, approximately six (6) intersections of SW 72nd Avenue are required through the Triangle. Including the intersections of SW 72nd Avenue at 217, SW 72nd Avenue at SW Hampton Street, SW 72nd Avenue at SW Gonzaga Street, SW 72nd Avenue at SW Beveland Street, SW 72nd Avenue at SW Hermosa Way, SW 72nd Avenue at SW Dartmouth Street, SW 72nd Avenue at SW Clinton Street, SW 72nd Avenue at SW Baylor Street, SW 72nd Avenue at the planned extension of SW Atlanta Street, SW 72nd Avenue at the planned Backage Road and SW 72nd Avenue at SW Pacific Highway; a total of 11 intersections are existing or planned within the Tigard Triangle. For this reason, an extension of a street through the Tri-County Shopping Center site from SW 72nd Avenue is not required. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance standard, has been interpreted as the distance from a driveway entrance to a collector or larger classification street. In this case, the project meets this requirement because of frontage and proposed driveway access to two (2) Major Arterial streets, SW Dartmouth Street and SW 72nd Avenue. The shortest pedestrian trip standard has been interpreted to mean that a pedestrian should not have to travel more than one and one-half (1'/2) times the shortest straight line distance from the driveway entrance to the farthest proposed building entrance. The driveway is an appropriate point of measure in this case because all four (4) proposed driveways intersect with streets designated as Major Arterials, SW 72nd Avenue and SW Dartmouth Street. For this reason, the driveway entrance would exceed the collector standard stated in the criteria. CPA 98.02/SDR 98.021PDR 58.01/SLR 98.02/M IS 98.04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI•COUNTY SHOPPING CENTER PAGE 28 OF 42 -The farthest main entrance of Major Anchor I to SW 72nd Avenue appears to be the most appropriate distance to use to measure compliance with the standard. This distance is the furthest point a pedestrian would have to walk from the public street into the site. A pedestrian would have a straight line distance of 1,186 feet if the applicant provided a walkway all the way to SW 72nd Avenue, as has been required. A distance of one and one-half (11/2) times the straight line path is 101,754 lineal feet. Through the recommended Conditions of Approval, the applicant would provide a distance of 1,235 lineal feet which complies witil shortest pedestrian trip standard. SITE DESIGN STANDARDS: All development must meet the following site design standards. If a parcel Is one (1) acre or larger a phased development plan must be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted If the criteria found in Section 18.134.050 (Criteria for Granting a Variance) Is satisfied. Building Rlacernent on Major and Minor Arterials and the street - Buildings shall occupy a minimum of 50% of n11 street frontages along Major and Minor Arterial Streets. Buildings shall be located at public street intersections on Major and Minor Arterial Streets. The site has approximately 674 feet of frontage on SW 72nd Avenue. The applicant has proposed two (2) pads with 341 feet of length which is 50% of the site frontage on SW 72nd Avenue. The site has approximately 1,270 feet of frontage on SW Dartmouth Street. The applicant has proposed four (4) pads with a total building length of 714 feet or 56% of the site frontage on SW Dartmouth Street. For these reasons, the application as proposed complies with this standard. Building setback - The minimum building setback from public street rights-of-way or dedicated wetlands/buffers and other environmental features, shall be 0 feet; the maximum building setback shall be 10 feet. Pads A, B and C cannot comply with this standard if wetlands mitigation is provided along the site's SW Dartmouth Street frontage. Pads D and F comply with this standard on the SW 72nd Avenue frontage because they are proposed to be built up to the street right-of-way. Front yard setback design - Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one (1) street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets. Hard- surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encoure-ed. These areas shah contribute to the minimum landscaping requirement per Section 18.62.050 (A) 6. The L-1 landscape standard applies to the SW Dartmouth Street and SW 72nd Avenue street frontages. This standard is not found to apply to the SW Hermosa Way frontage because, due to its narrow width, emergency vehicle access and potential future site access is to be provided though this frontage. The applicant has proposed to construct the Pad D and F buildings up to the SW 72nd Avenue frontage right-of-way. Some parking areas will also have frontage on the SW 72nd Avenue right-of-way but the applicant proposed a 16-foot-wide parkway landscape section to partially screen this parking. Also, the topography in this area means that the parking would be some 12 feet below the grade of the street. Along the SW Dartmouth Street frontage the applicant Is precluded from complying with this standard due to the wetlands fill and mitigation proposed for this entire frontage. As revised through the recommended Conditions of Approval street tree plantings will comply with the Tigard Triangle Design Standards as is reviewed elsewhere within this report. CPA 98-02/SDR 98-02/PDR 98-01/SLR 98-021MIS 98.04 61P.V98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER i RI-COUNTY SHOPPING CENTER PAGE 29 OF 42 WalkWpy connection to building entrances - A walkway connection Is required between the building's entrance and the public street or accessway providing access to the property. This walkway must be at least six (6) feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner near a public street Intersection re encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.62.050 (A) 6. Except for Pad D, a walkway system has been provided to each main entrance of the proposed pads from SW 72nd Avenue and SW Dartmouth Street. The walkway system utilizes modular pavement materials of varying widths. Along three (3) of the driveways into the site, the applicant has provided five feet of walkway width. The site and landscape plans shall be revised to provide a minimum of six (6) feet of width for all walkways. The applicant shall provide a continuous six (6)-foot-wide walkway using matching modular pavement materials along at least one (1) side of Driveway C from the Major Anchor Tenants to SW 72nd Avenue. The site and landscape plan shall be revised to provide a six (6)-foot-wide walkway using matching modular pavement materials from Pad D to SW 72nd Avenue. The applicant has previously expressed concerns that walkway connections to SW 72nd Avenue could not meet handicapped accessibility standards due to the topography of the site. This argument is not persuasive because, while such walkways may not be handicapped accessible routes to the site, if no walkway connection is provided at key locations. This would unnecessarily limit access to the site by non-handicapped persons, or by persons who have a handicap but may still be able to use a more convenient walkway connection. Larking location and landscape design - Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. The applicant has not proposed to develop parking directly adjacent to the street due to topographic and building placement standards on the SW 72nd Avenue frontage. Similarly, building placement standards, and wetlands mitigation issues on the SW Dartmouth Street frontage preclude placement of parking areas immediately adjacent to the street. Parking areas would, therefore, be a minimum of 16 feet from the edge of SW 72nd Avenue and 35 feet from the edge of the SW Dartmouth Street right-of-way. For these reasons, no special parking lot screening and/or buffering standards are required. BUILDING DESIGN STANDARDS: All non-residential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.154.050 (Criteria for Granting a Variance) is satisfied. Ground floor windows - All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three (3) feet above grade to nine (9) feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. Based on the orientation of the buildings on this site, this standard applies to the eastern elevation of Pads D and F. These are building elevations facing the SW 72nd Avenue frontage. The Pad C and D elevation has 1,050 square feet of building elevation area between three (3) and nine (9) feet in height. For this reason, 525 square feet of this area must be windowed. The applicant provided 240 square feet of this elevation area with windows, therefore, this elevation shall be revised to provide an additional 285 square feet of windowed building elevation. CPA 98.02/SDR 98-02/PDR 98.01/SLR 98-02/MIS 98-04 _ 6/23/98 PUBLIC HEAnING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 30 OF 42 ,The Pad F elevation has 651 square feet of building elevation between three (3) and nine (9) feet in height. For this reason, 325.50 square feet must contain windowed areas. A total of 413 square feet was provided, in compliance with this requirement. As proposed, Pads A, B and C would be separated from SW Dartmouth Street due to the proposed wetlands mitigation area. These buildings would range in distance from SW Dartmouth Street from 12 - 260 feet. Much of the northerly elevation of Pads B, C and D would be some 40- 60 feet from SW Dartmouth Street. For this reason, the window glazing requirement is not applicable because these structures would not be within the 0-10 foot setback. However, this design has essentially proposed windowless walls for some 45% of the street frontage along SW Dartmouth Street. This design feature does not appear to meet the intent of Tigard Triangle Design Standards. The applicant proposed no windows on the northerly elevation of Pad A. It is recommended that the applicant provide 50% of the building elevation between three (3) and nine (9) feet with window glazing. The applicant is proposing to provide approximately 3.5% of the entire Pad B northerly elevation with window glazing. If i's recommended that this elevation be revised to provide a minimum of 50% of the elevation between three (3) and nine (9) feet with window glazing. The applicant also proposed a few windows on the northern elevation of the Pad C building. The Pad C building north elevation shall also be revised to provide a minimum of 50% of the boding elevation between three (3) and nine (9) feet with window glazing. Building facades - Facades that face a public street shall extend no more than 50 feet without providing at least one (1) of the following features: (a) a variation in building materials; (b) a building off-set of at least 14oo$; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. This standard applies to the northerly elevations of Pads A, B and C and the easterly elevation of Pads D and F. Pads A,B C and D will need to be reviewed for compliance with this standard prior to the issuance of building permits. If a Condition of Approval is required that elevations have a minimum of 50% of window glazing between three (3) and nine (9) feet, this would then satisfy this standard. If a Condition of Approval is not required to add window glazing, the applicant will need to address the Building Facades standards on all of the aforementioned applicable building elevations except for the east elevation of Pad F. Weather protection - Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Awnings and canopies shall not be back lit. The front entrance of each Major Anchor Tenant building is proposed to be provided with a covered entry as part of the building entrance treatment. This standard is also applicable to the building entrances to Pads A - F. These elevations have also been designed with covered entrances as architectural features. Building Materials - Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. Architectural elevations have been provided with a variety of Ofinish design materials. Major entrances are provided with significant levels of architectural details on each applicable building elevation. The side and rear elevations of the Major Anchor Tenant CPA 98.021SDR 98-021PDA 98.01/SLR 98-02/MIS 98.04 6/23198 PUBLIC HEARINGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 3. OF 42 -buildings are proposed to be constructed with split face concrete block with concrete accent bands. Stucco cornices and column capital details have also been proposed. Roofs and roof lines - Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect he building's structural system and architectural style. False fronts and false roofs are not permitted. The applicant has not proposed to use false fronts or false roofs as part of the building elevations and, therefore, complies with this standard as proposed. Roof-mounted equipment - All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets Is minimized. Solar heating panels are exempt from this standard. The applicant has designated areas on the Major Anchor Tenant buildings where rooftop mechanical equipment would be installed. This limit area appears sufficient on the south and west side of the Major Anchor Tenant buildings. The mechanical equipment installation limit area shall be revised to include a 20-foot minimum setback along the north and east building elevations of the Major Anchor Tenant buildings. To allow the building itself to screen other rooftop equipment on the smaller pad buildings, no rooftop equipment shall be placed within 15 feet of an exterior wall of Pads A-F. SIGNS: In addition to the requirements of Chapter 18.114 of the Development Code the following standards shall be met: Zoning district regulations - development within the C-G Zoning District shall meet the sign requirements of the C-G zone. Signage requirements are reviewed elsewhere within this report. LANDSCAPING AND SCREENING: Two (2) levels of landscaping and screening standards are applicable to the Tigard Triangle. The locations where the landscaping or screening is required and the depth of the landscaping or screening is defined within this section. These standards are minimum requirements. Nigher standards may be substituted as long as all height limitations are met. L-1 Low Screen - For general landscaping of landscaped and screened areas within parking lots. The L-1 standard applies to setbacks on Major and Minor Arterials. Where the setback is a minimum of 5 feet between the parking lot and a Major or Minor Arterial, trees shall be planted at 31/2-inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provided a 3-foot high screen and a 90% opacity within one (1) year. Groundcover plants must fully cover the remainder of landscape area within two (2) years. Any tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit. Southwest 72nd Avenuo and SW Dartmouth Street are both designated as Major Arterials. This section requires that landscaping be provided in accordance with Section 18.100. These standards do not apply to the proposed design because parking would be setback a minimum of 16 feet from the public right-of-way. The applicant did provide 31/1 inch caliper street trees as part of the tree mitigation plan. Lot Line Adjustment - Approval Standards: Section 18.162.050 contains the following standards for approval of a lot line adjustment request: CPA 98-02/SDR 98-021PDR 98-01/SLR 98-021MIS 98-04 6123198 PUBLIC HEARINC'CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 32 OF 42 An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced In size by the adjustment Is not reduced below the minimum lot size established by the zoning district; By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines but no additional parcel will be created by the adjustment. There is no minimum lot size standard that is required to be maintained in the General Commercial Zoning District. Except for the newly proposed Tax Lot 00400, the 50-foot average width standard has been met. A Condition of Approval has been recommended to require Tax Lot 00400 to be revised to comply with the 50-foot average width standard. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right- of-way by at least 15 feet, or have a legally recorded minimum 15-foot wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodp plain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the f'oodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the 0 floodplain in accordance with the adopted pedestrian/bicycle pathway plan. CPA 98-021SDR 98.02/PDR 98-01/SLR 98-02MIS 98-04 6123198 PUCLIC HEARINGJCITY COUNCIL FINAL ORDEF TRI-COUNTY SHOPPING CENTER PAGE 33 OF 42 The applicant has proposed to reconfigure the eight (8) existing parcels that comprise this site. The 50-foot average lot width of Criteria 1 is met except for the area shown as proposed Tax Lot 00400. Because of its unusual shape, this lot does not meet the average width standard. Criteria 2 is not applicable because the General Commercial Zoning Dist4ot does not have a minimum lot size standard. Criteria 3 is satisfied as the lots would have in excess of 25 feet of frontage on a public Wstreet or a reciprocal access agreement. Criteria 4 is met because the applicant does not have a minimum setback requirement along the SW 72nd Avenue and SW Dartmouth Street frontages and the applicant provided a setback in excess of the minimum standard along the southern property line for screening and buffering purposes. Criteria 5 and 6 are not applicable as these lots are not residential flag lots. Through the building permit review process, fire hydrants will bs reviewed for consistency with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 will be met because a shared access agreement will be provided. Criteria 9 is satisfied through the existing access provided to these lots via their street frontage. Criteria 10 is not applicable as those parcels are not within the floodplain. Note: The Building Division states that the proposed lot lines will need to be revised due to the location of structures on cite and potential redevelopment of this shopping center. In particular, the lot line aligned south of Pad B; the lot line cutting through the corner of Major Anchor Tenants IIIA, IIIB and IV; and the lot lines cutting through the Pad F building. A (Condition of Approval has been required to address these issues. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1) a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: The proposed development is bordered by SW 72nd Avenue on the east side and SW Dartmouth Street on the north side. A small portion of the southern boundary of this site also backs up to SW Hermosa Way. The development will have two (2) points of access on SW Dartmouth Street, with one (1) full access driveway opposite the existing entrance into the Cub Foods/Office Max site, and one (1) full access driveway approximately 600 feet further to the west. There will also be two (2) full access driveways onto SW 72nd Avenue. Traffic Study Findings A traffic impact study, dated February 1998, was submitted with the SDR application by Lancaster Engineering. The purpose of the study was to determine how the traffic in this area will increase when the new development begins operation and to determine impacts on vicinity intersections. The study analyzed the following intersections in the area: 1) SW 72nd Avenue/Highway 99W, 2)SW Dartmouth Street/Highway 99W, 3)SW Dartmouth Street/SW 72nd Avenue, and 4)SW Dartmouth Street/SW 68th Avenue. The study assumed that 10% of the trips generated by this development would be pass-by trips, which are trips that were already on one (1) of the adjacent streets, like SW Dartmouth Street or SW 72nd Avenue, and were diverted into the shopping center. It was also assumed that 10% of the new trips would be diverted trips, which are trips that must leave their original direction of travel by an intermediate roadway (SW Dartmouth Street or SW 72nd Avenue) to visit the site. Diverted trips in this case would be trips that must leave their original direction on 99W to visit the site; once they leave the site, they would retum to their original direction on 99W. Staff finds that both assumptions are reasonable. CPA 98-WSDR 98-=PDR 98-01/SLR 98.02/MIS 98-04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 34 OF 42 13ased upon information used from TRIP GENERATION, Fifth Edition, Lancaster found that total new trips generated by the site would be 11,778 trips per day, with 262 new trips generated during the AM Peak Hour and 1,118 new trips generated during the PM Peak Hour. Lancaster also used an average 4% growth rate in traffic per year to help determine what the impact would be in the Year 2003, with the new site in place an operating. Using this information, Lancaster found that W ignals are warranted at the SW Dartmouth Street/SW 72nd Avenue and SW Dartmouth Street/SW 68th Avenue intersections. The applicant's plans indicate they will construct these signals as a part of their project. A Level of Service (LOS) analysis, using ODOT's SIGCAP software program was included in the study. SIGCAP defines LOS F as a saturation value of 1.02 or greater. The analysis found that in Year 2003, considering background traffic alone (no Tri County), the intersections will function as follows: • Highway 99W/Dartmouth Street: LOS E with 93% saturation; • Highway 99W/SW 72nd Avenue: LOS D-E with 87% saturation; • Dartmouth Street/SW 72nd Avenue: LOS D-E with 89% saturation; • Dartmouth Street/SW 68th Avenue: LOS E with 93% saturation. When the proposed site trips are added to the Year 2003 background traffic, the intersections will function as follows: • Highway 99W/SW Dartmouth Street: LOS E-F with 98% saturation; • Highway 99W/SW 72nd Avenue: LOS D-E with 87% saturation; • Dartmouth Street/SW 72nd Avenue: LOS F with 122% saturation; • Dartmouth Street/SW 68th Avenue: LOS F with 115% saturation. f traffic signals are installed by the applicant at Dartmouth/72nd and Dartmouth/68th, these intersections will operate at LOS C and B respectively. ODOT provided comments with regard to this application (see elsewhere in this report). ODOT staff had recommended certain conditions of approval, such as: 1) provide a signal at SW 68th Avenue/SW Dartmouth Street, 2) provide additional queuing analyses at the intersections of 99W/SW Dartmouth and 99W/SW 72nd Avenue, and 3) provide additional traffic impact information at SW 72nd Avenue/SW Hampton Street and at the Highway 217 northbound and southbound ramp terminals at SW 72nd Avenue. On May 20, 1998, Staff met with OCOT to discuss their comments. ODOT indicated that they met with the applicant and Lancaster to discuss the project. ODOT has since changed their recommendation based upon further review of the above intersections and has determined that #2 and #3 above could be dropped. Therefore, ODOT will stand by their recommendation for a signal at SW 68th Avenue/SW Dartmouth Street. Staff has included an appropriate condition in this report. The study also analyzed the new driveways into the site and found that warrants will be met for both driveways on SW Dartmouth Street. However, Lancaster proposes to hold off on installing these signals until the development is fully constructed and under operation for a time. They suggest that because of the close proximity of the driveways to the SW 72r:d Avenue intersection, some queuing may occur west of SW 72nd Avenue which would partially block the eastern driveway for part of each signal cycle. Lancaster recommends that traffic conditions could be W i onitored for a period of time by the City to determine if the signals should be installed. Staff nds this concept acceptable and recommends the applicant provide financial assurance to cover the cost of design and construction of the two (2) additional traffic signals. This financial assurance should be held by the City for a period of five years (60 months) beyond the date of CPA 98-02/SDR 98-021PDR 98.01/SLR 98-021MIS 98.04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TP,I-COUNTY SHOPPING CENTER PAGE 35 OF 42 -occupancy of the buildings, Then, the applicant should be required to provide follow-up signal warrant analysis' every 12 months over that five-year period. If, during that 5-year period, signal warrants are met based upon actual traffic generated by the development, and if in the City Engineer's opinion signalization of one (1) or both of the driveways is within the public's best interest, then the applicant shall design and construct the iequired signal(s) within 12 months of he City Engineer's direction. At the applicant's request the Conditions of Approval that is related to the timing of the installation was modified. The Planning Commission recommended that the applicant work with the city Engineer to determine signal timing within six (6) months of project approval. Staff recommends that the City Council revise this to be six (6) months from the time of Building and/or Site Permit application. SW 72nd Avenue: Proposed Improvements SW 72nd Avenue is classified as a major arterial street in the Tigard Triangle Plan. The right-of- way (ROW) requirements for this street is 92 feet. At present, there is approximately 20 feet from centerline. The applicant's plan indicates they will dedicate additional ROW to the public to provide 47 feet from centerline, which will meet the Triangle standard. The applicant will also need to dedicate a ROW radius at the corner of SW 72nd Avenue and SW Dartmouth Street. The ROW radius will need to be 45 feet. At present, SW 72nd Avenue is paved but is not fully improved to the Triangle Standards. The plan indicates that the applicant will construct full-width street improvements along the frontage of SW 72nd Avenue to provide five lanes, in accordance with-the Triangle Plan. Additional ROW dedication may be necessary on the east side of the roadway, but it is Staff's understanding that the applicant owns that property as well. The five-lane improvement will help facilitate turning movements into and out of this site, which will lessen the overall traffic impact onto the roadway ystem. The two (2) full-access driveways into the site from SW 72nd Avenue appear to be designed to function adequately. LOS at these driveways is expected to be B or better. The southern driveway is shown to be aligned with the centerline of SW Elmhurst Street, which will alleviate any left turning movement conflicts. SW Dartmouth Street Improvements SW Dartmouth Street is classified as a major arterial in the Triangle Plan and requires a 94-foot ROW. The applicant's plan indicates they will dedicate additional ROW to provide 47 feet from centerline. SW Dartmouth Street was improved with five lanes along this site frontage as a part of a LID, but is not fully improved with sidewalk and street trees as per the Triangle Standards. The applicant's plan indicates they will complete the improvements of SW Dartmouth Street along the site frontage as a part of this project. Signals at the site driveways were previously discussed in this report. WATER: This site falls within the service area of the Tualatin Valley Water District (TVWD). There are 110xisting public water lines in SW Dartmouth Street, SW 72nd Avenue and SW Hermosa Way. The applicant's plan shows connections to all existing water lines in order to adequately serve the site. The plan also indicates the applicant will pzy for an upgrade of the existing water line in SW CPA 98-WSDR 98-=PDR 9"1/SLR 98.021MIS 98-04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 36 OF 42 Hermosa Way to either a 10-Inch or 12-inch line (plan shows 10-inch, but narrative says 12-inch). The City will expect the applicant to coordinate with TVWD with respect to water service and public main construction requirements. No permits for public improvements will be issued by the City until a permit from TVWD is obtained by the applicant. WANITARY SEWER: There is an existing 8-inch public sewer main that is located in SW Dartmouth Street adjacent to this site. The applicant proposes to extend new lines into the site to serve the various parcels. Since this development will result in separate parcels, the new sewer lines will need to be public lines. The overall layout of the public lines appear to be acceptable, as all manholes will be located within paved parking or drive aisle areas. Final design shall be approved by the Engineering Department prior to construction. The City's Master Sanitary Sewer Plan indicates that a public sewer line should be extended southerly in SW 72nd Avenue from the main line in SW Dartmouth Street in order to properly serve parcels along 72nd Avenue to the top of the ridge near SW Elmhurst Street. The City's policy for new developments is that public sewer lines are to be extended to property boundaries to serve adjacent uphill, unsewered properties. Since the applicant will be constructing new street improvements in SW 72nd Avenue, and since there are unsewered properties uphill of this site on SW 72nd Avenue, the applicant should extend an 8-inch public sewer line in SW 72nd Avenue as a part of the street improvements. STORM DRAINAGE: The slope of this site falls primarily to the west. There is an existing drainage channel that cuts across the northern por ion of the site, flowing from the northeast to the southwest into Red Rock Week. There are also wetlands within this site that will be partially filled and mitigated on the site. The applicant's plan shows that they will convey all storm water runoff from this site into Red Rock Creek. However, Staff has concerns with the proposed plan. First, the plan shows a portion of the southern parking area to the south of the Major buildings to be conveyed in pipe, then a Swale adjacent to the south boundary of the situ. The Swale appears to terminate at the southwest corner of the site and the plan is unclear as to how the water will be conveyed from there to the creek. The flow will be concentrated at that point, so direct discharge onto the adjacent property without an easement will not be permitted. Second, the applicant's plan will also need to incorporate a storm drainage system for SW 72nd Avenue. It appears that the runoff from the new street improvements could be directed into the drainage channel that crosses the site to Red Rock Creek. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65% of the phosphorus contained in 100% of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit, the applicant shall submit Iftlans and calculations for a water quality facility that will meet the intent of the USA Design 'mrStandards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. CPA 98.02/SDR 98.02/PDR 98.01/SLR 98-02/MIS 98-04 6/23/98 PUBLIC HEARINGICITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 37 OF 42 -The applicant's plan appears to Indicate that the water quality requirement for this project will be met by providing two (2) biofiltration swales on the site, one (1) located adjacent to south site boundary (discussed in previous sectian), and the other near the northwest corner of the site adjacent to a "Wetland Mitigation Area". Staff has two (2) concerns with the applicants proposed Ian. First, there were no water quality calculations submitted with the SDR application to support he proposal that two (2) swales can adequately serve this large site. Staff has doubts that two (2) swales will meet the USA criteria for water quality treatment. Prior to issuance of the site and/or building permit(s), the applicant shall submit final calculations to the Engineering Department (Brian Rager) to show that USA criteria will be ►net. Second, the northwest Swale can not be located within what will be the new mitigated wetland, as per USA regulations. Staff could not tell from the applicant's materials whether or not the Swale will encroach into the new wetland area. Prior to issuance of the site and/or building permit, the applicant shall submit a plan to the City indicating the required new wetland boundary (needed for mitigation to meet the DSL permit requirements) and the extent of the grading necessary to construct the swale(s). No portion of the water quality facilities(s) shall be located within the wetland area. In addition, a 25-foot buffer will need to be shown on the plan adjacent to the new wetland boundary. The water quality facility(ies) may encroach into the buffer, but only by 10 feet with approval from the City. GRADING; AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines along SW 72nd Avenue adjacent to this site. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 680 lineal feet; therefore the fee would be $ 18,700. SECTION V.. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and has offered the following comments: The proposed lot line adjustment will need to be revised to reflect proposed building footprints and existing/potential, future adjoining building occupancy types. The Geotechnical report must provide recommendations for liquefaction because this is a remote ossibility. Relocate the trash enclosure in the rear of Major Anchor Tenant building IIIA to maintain a clear width of 20 feet. Post drive aisles behind Major Anchor Tenant stores "No Parking Fire Lane." CPA 98-021SDR 98-02JPDR 98-01/SLR 98-021MIS 98-04 6123198 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 38 OF 42 All exits required from each building shall have a landing and be connected to the public way via a sidewalk and accessible to persons with a disability. Locate fire hydrants within 250 feet of all exterior walls of each building. Provide a hydrant flow test and complete the fire flow analysis. The median of the roadway between Pads B and C shall be modified to provide a minimum of 20 feet of width. Modify the turning radius at the southwest corner of Pads A-C and in front of the Major Anchor Tenant I building. ~k Note: A Geo Technical Report was provided to address liquefaction. Trash enclosures and a loading dock are required to modified to provide a clear width of 24 feet in the area behind the Major Anchor Tenant buildings to comply with the stricter Development Code standards for two-way, access. A recommended Condition of Appro-M has been provided that will require the other noted issues to be addressed prior to issuance of building parmits. The Maintenance Services Department reviewed this application and provided a comment concerning the proposed tree mitigation allowance for 1,500 caliper inches of Christmas trees that are to be relocated to City properties. The developer shall incur the cost of relocating and transplanting to be eligible for mitigation credit. City staff does not have proper equipment needed for this transplantation work, nor has the City budgeted resources for this work. The Police Department reviewed this application and has offered no comments or objections. SECTION VI. AGENCY COMMENTS etro has reviewed this application and has the following comments: The applicant identified this area as a Town Center within the Metro 2040 plan, the Tigard Triangle is actually identified as an employment center in the 2040 plan. The Oregon Department of Transportation has reviewed this application and has the following comments: Thank you for providing the opportunity to comment on the above referenced proposed development. The proposed development is located within the Tigard Triangle which is defined by Interstate 5, Highway 217 and Highway 99W. According to the Oregon Highway Plan, Interstate 5 has an Interstate level of importance and both highways have a Statewide level of importance. These facilities serve regional, statewide and interstate travel. We have an interest in ensuring that proposed land uses do not negatively impact the safe and efficient operation of these facilities. Upon careful review of the traffic report submitted by the applicant for a 330,895 square foot retail shopping center at 72nd and Dartmouth Street, we have determined that the applicant cannot meet the policies of the Tigard Comprehensive Plan. Specifically, the Highway Oblectives and Performance Criteria #4 and #5 (Volume 1, Table III-1, p. 1-225) and Transportation Policies 8.1.3 d. and e. (Volume 2, Section II, p.55) are not met. Highway Objective and Performance Criteria #4 is "to maintain a reasonable level of speed on principal and arterial routes during the peak hour" and Objective #5 Is "to maintain a easonable level of speed on principal and arterial routes during the off-peak periods." ransportation Policy 8.1.3 - The City shall Require as a Precondition to Development that: CPA 98-02/SDR 98.021PDR 98-01/SLR 98.021MIS 98-04 6/23/98 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 39 OF 42 d. Individual developers participate in the improvement of existing street, curbs and sidewalks to the extent of the development's impacts; and e. Street improvements be made and street signs or signals be provided when the development is found to create or Intensify a traff ic hazard. The traffic study shows that more than one-third (1/3) of the site generated trips are anticipated to access the site via the Highway 99W/SW Dartmouth Street intersection. According to the Ore on Highway Flan, the operating standard for 99W is a level of service (LOS) D for signalized intersections which equates to a maximum volume to capacity ratio of 90%. This intersection is currently operating at a LOS of D with a v/c oY 83%. Without the proposed development, the intersection is expected to operate at a LOS of E with a v/c of 93% in the year 2003. A v/c ratio of 99% is operating at capacity and anything greater is considered to be failing. With the proposed development, the intersection (including background traffic) is expected to be at a LOS of E with v/c of 99%. ODOT considers the expected increase in the v/c ratio a significant degradation of traffic conditions as compared to what currently exists as well as what would be expected in the year 2003 without the proposed development. The 99W/Dartmouth Street intersection is expected to be operating at capacity with the proposed development. Under such circumstances, progression of traffic along the highway would be virtually impossible. Queuing and delays experienced on the highway and side street would be expected to become severe. Motorists on the highway and side street would typically have to wait through a number of signal cycles to be served, resulting in long delays and excessive queuing. These conditions are expected to lead to erratic maneuvers by motorists (running red lights, drive on the shoulders, etc.), which could aggravate safety concerns at and near the intersection. It is ODOT's position that without the widening of 99W to six (6) lanes between 1-5 and Highway 217, that the development will intensify traffic on 99W and in particular, the intersection of SW Dartmouth Affilk treet. If the City chooses to approve the proposed development, we recommend the following be included as Conditions of Approval: 1. The applicant be required to install a traffic signal a the intersections of SW 68th Parkway and SW Dartmouth Street. The intersection is currently controlled by an all-way stop. The east leg of the intersection consists of the 1-5 southbound ramp connections at the SW Haines Road Interchange. The 1-5 southbound ramp connections are parts of the State Highway System and under'the jurisdiction of ODOT, and as such, the proposed traffic signal at this intersection needs to be approved by the State Traffic Engineer prior to design and construction. Signal installation may require additional improvements as determined by the State Traffic Engineer. Fourteen hour (6 a.m. to 8 p.m. weekdays) manual turn movement counts at the intersection will need to be provided to ODOT for the traffic signal warrant analysis. The format shown on the attached traffic signal warrant comparison worksheets should be used as part of the warrant analysis. 2. There is discussion in the report regarding an extension of SW Dartmouth Street west over Highway 217 and additional ramp connections to the highway. ODOT has reviewed and analyzed similar proposals in the past and has no evidence that there would be any improvement in level of service for 99W between Highway 217 and 1-5. ODOT will not allow additional access to Highway 217. Aak I CPA 9802ISDR 88-02/PDR 98.01/SLR 98.02/MIS 98.04 6123188 PUBLIC HEARING/CITY COUNCIL FINAL ORDER TRI-COUNTY SHOPPING CENTER PAGE 40 OF 42 * 'Note: Although the Comprehensive Plan Policies 8.1.3 d and a which ODOT cited are appropriate to address relative to this application, the applicant is unable by themselves, to provide street improvements that would add lanes to 99W. While this improvement may be needed, widening 99W Is a difficult multi- million dollar project that will impact dozens of existing businesses. Unified Sewerage Agency has reviewed the application and has the following comments: Sanitary Sewer: The development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R & O 96-44 (Unified Sewerage Agency's Construction Standards, July 1996, Edition). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R & O 96-44. Storm Sewer: The development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. Floodplain/Sensitive Area: If the Division of State Lands is satisfied with the removal-fill and mitigation plans for the proposed IWroject, then USA will be satisfied. The improvement plans should show complete mitigation work and vegetated corridor enhancement /restoration, per R & O 96-44. Erosion Control: A joint 1200-C erosion control permit is required. Division of State Lands/Corps of Engineers: A DSL/Army Corps of Engineers permit is required for any work in the wetlands or creek corridor. A revised application r-ray need to be submitted for further approval if current plans differ from original application. Note: The applicant states that fill of areas now considered to be within the 100-year floodplain occurred in the early 1990's. For this reason, the applicant does not consider any portion of the site to be within the 100-year floodplain or floodway areas. The applicant is aware of Sensitive Lands on this site and has provided a wetlands delineation's of the wetlands as part of the plan submittal. The applicant provided a 15-foot buffer to off-site wetlands to the west of the subject property. Because the majority of the off-site wetlands would have 25 feet of more buffer width, a reduction of buffer width is permissible. The reduced buffer width Is for only an extreme eastern end of the wetlands in 0 this area. The applicant is currently applying for Army Corps of Engineers Permits. The applicant currently has a Division of State Lands Permit and is in the process of renewing the Permit. CPA 98.02/SDR 9"2/PDR 98-01/SLR 98-021MIS 98-04 8/23/98 PUBLIC HEARINGICITY COUNCIL 9NAL ORDER TRI-COUNTY SHOPPING CENTER PA©E 41 OF 42 -Tualatin Valley Water District reviewed this application and provided the following comments: Use existing stubouts to property. Firelines require DCDA at righ-of-v►ay. Potable sacs will require pressure regulation (Note: pressure currently exceeds 80 psi). Meters that are iIh inches or larger require double check valve assembly downstream of the meter. The applicant shall use TVWD DET BF 102 or BF 100. Upgrade water line in SW Hermosa Way to 12-inch DIP. Bank meters shall be provided at SW Hermosa Way entrance for various tenants. A 12-in.;h BTFY valve and a two (2)-inch B.O. assembly shall be provided. Design Engineer shall meet with Tualatin Valley Water District (Stu Davis) prior to plan submittal for project. Portland General Electric (PGE) has reviewed this application and has offered no comments or objections. ° IAcurp1nVnarK_rlcpa98-02.cc2 Milk 0 CPA 99_=SDR 984WDR 98-oi/SLR 98.02/MIS 98.04 8123/6!9 PUBLIC HEARING/CITY COUNCIL FINAL OWER TRI-COUNTY SHOPP!NQ CENTER PAGE 42 OF 42 1 LEGEND STM WA, I .r«..rr. H..., 6 is T Aa+.ct rw•c a to,r DtG u1tA Iweu a . aO.ICY. a» .aa UOLG~iww"oaGOmIL < narcrtrw r.r•r: r ANA IN ANA (OM % 14 INC. .,Ac 1:2=2 ZZ m: CUBFOODS row uw ra,r ,mus wrl :r. \ Kuitrw .r•r... ttstlvso CO5TC0 r' IQ ON" t"Pat a" Sum 14#1 r-... G4•GND Niw•s IIKX I WII IIII..•ew r..• rw ° •rlwG r.D c.rtr - - wn, gD 1„gtA,rG wG. ."W "I" wn, d iG; .'t~(~ t.nr ruw( Ilrwe, ~1' TA/KMOIMTAt z CJ " rD vats ~°p V i \ s - ° - w rWt G.IwMrD IIML•r 'i•Ilt Itw ~•I D Joe swl: l\IID rrmu••Ga n was ' rG.. MAR UNIN& I. SHAG, s , ~`+yyl4iy \ l rOttr~ w : is v vlwo vvjt~s" A %is S 3 - 'PAD-B 41011 3EJ _ ~.ewmwass~..aaus ' gall ' 11,,1i' {Y .1{y' i 11= a1;~11 •11=11 %11 11 11 1' X11; '1L '11:'11 11. ! ~s = ii=,ii• 'ii: 'ii ~jv =ii: 'ii:" ii` ~ii- ii• ~ii•'i~ iii i' iii ii. ;61111 IS • ,.slmrcw _ Z r A. a g 1, sr-- t tint la+ wnas &B MA)OR N 1 - { G I I lYtAIUR II 21t3 so urs :t.s» 11 260" so. a @f I I 30.IA, Sk. t i a•H,r ! or-Mir ` /T 41 V t' 1:9.000 SF. _NM_ now Nt -2 LL >AM I L N _ ' I~I , _TRIrCOUNT°t SHOPPING CEPITER T CPA, 98-0001 SITE SDR 98-0002 P®R 98-0001 I IT P - SLR 98-0002 MIS 98-0004 _ - y werw+anrewrsnewse.ttr _ _ _ _ - GROG VICINITY MAP t, t CPA 99-0002 SDP, 98-0002 PDR 95-0001 SLR 95-0002 ST MIS 95-00014 - Ij < -F (S) gal".ct Patceis I 1 - _ TRI-COUNTY t are Indicated in LCtoss-hatch lAatks ~ _ SHOPPING - ST 41t0 . ~ tit I CENTER OAA O;;& T iST _ 1 ~~~N n l I ~J m - 4w we FMI r t•• 9a. frN ('iYy a(TigeTd d} ~ 1n{or.ru~lan m~ll'h mnphTa ll~+ ~tOlafR+ tfipAgM vwalsAwM Rr D~~p'~^I f 1!1]i gN i I~ Mvd "WAR MIp9MwY+ o j 4 Plot dole: Apr 3, 199fl; e:~lT+9 4nat 1~'aPT .-;k, nowsilaomerlt