Ordinance No. 99-10 CITY OF TIGARD,OREGON
ORDINANCE NO:99- J0
AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT (CPA 98-0004),
SITE DEVELOPMENT REVIEW(SDR 98-0027),PLANNED DEVELOPMENT REVIEW(PDR
98-0014),REQUESTED TO DEVELOP THE BABIES"R"US STORE.
WHEREAS, the applicant has requested approval of a Comprehensive Plan Amendment to the City's
Water Resources Overlay, Site Development Review and Planned Development Review to develop a store
known as Babies"R"Us.
WHEREAS, the Planning Commission held a public hearing and received public testimony and
recommended approval of the aforementioned land use applications on March 15, 1999; and
WHEREAS,the City Council also held a public hearing on the aforementioned land use applications on
May 11, 1999 and approved the aforementioned land use applkiii -�.;s subject to the fmdings 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
Planning Commission recommendation to the Tigard City Council, also referred to as
"Exhibit A."
SECTION 2: The City Council approves the Comprehensive Plan Amendment, Site Development
Review,and Planned Development Review,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.
PASSED: By W)0A M0113vote of all Council members present after being read by number and
title only,this 6?5 f—day of-Ma ' 1999.
Catherin Batley,City Reco
APPROVED: By Tigard City Council this o�S day 999.
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ORDINANCE No.99-1-a
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SECTION I. APPLICATION SUMMARY
CASES: FILE NAME: BABIES"R" US
Comprehensive Plan Amendment CPA 98-0004
Site Development Review SDR 98-0027
Planned Development Review PD 98-0014
PROPOSAL: The applicant is requesting a Comprehensive Plan Amendment to remove a portion of the
wetlands on the site from the significant wetlands inventory. This will allow the applicant to
mitigate for the wetlands and construct the required parking. Site Development Review and
Planned Development approval have also been requested to construct a 38,000 square foot
retail store. This proposal includes several adjustments to the Tigard Triangle Design
Standards, as recommended by the Design Evaluation Team(GET).
APPLICANT: Toys"R"Us OWNER: Waremart, Inc. ENGINEER: Alpha Engineering
Attn: Steve Clausell Attn: Paul Simmons Attn: Dave Humber
461 From Road PO Box 400 Plaza West, S-230
Paramus, NJ 07562-3524 Woodburn, OR 97071-0400 9600 SW Oak Street
Portland, OR 97223
COMPREHE14SIVE
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) Planned Development Overlay;
2) Tigard Triangle Design Standards Overlay; and 3) 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 Water Resources Overlay is a
resource protection overlay that provides citywide protection standards for Water Resource
areas designated as significant.
LOCATION: The subject site is located on the east side of SW Dartmouth Street, west of Red Rock
Creek across from the existing Costco; WCTM 1S136CD,Tax Lot 02000.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.380, 18.390, 18.520, 18.620,
18.705, 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, 18.797 and 18.810; and the Metro
Functional Plan Standards.
SECTION II. RECOMMENDATION
The Planning Commission recommends APP'ROVA!for the above request subject to certain Conditions of
Approval based on the findings acid conciusions contained KAran anis report.
The findings and conclusions on which the decision is based are noted in Section IV.
CPA 984MSDR 9MVIDD 98-14
BABIES W US RETAIL STORE PAGE 1 OF 29
CONDITIONS OF APPROVAL
polema Tnr,�ruc iSsroeNCE nP SITE ANI9lOi2 BUILDING PEitAiliT5,
THE FOLLOWNG CONDITION,S WALL E,SATISFIED.
(Unless otherwise hotted,the steel c6ntact shall bw Orlon Rager,
onginaering Department(503)639.4171.)
1. Revise the plans to show the sidewalk along SW Atlanta Street will extend to the base of the
building. Staff contact: Julia Hajduk, Planning Division,
2. Submit a revised pian that shows 3%2 inch trees will be planted 28 feet on center in the setback areas 5
feet in width and larger. Staff contact: Julia Hajduk, Planning Division.
3. Submit confirmation that the shrubs between the parking lot and the street will provide a 3-foot screen
and a 90 percent opacity within one(1)year.
4. Submit a revised plan that shows trees along SW Dartmouth Street will be 27 feet on center. Provide
confirmation that the trees along SW Atlanta Street are columnar and the trees along SW Dartmouth
Street are broad spreading. Staff contact: Julia Hajduk, Planning Division.
5. Submit a revised site plan that shows wheel stops will be provided in all areas where the parking abuts
landscaping,walkways,etc. Staff contact: Julia Hajduk, Planning Division.
6. Submit a lighting plan that shows the parking lot lighting will be arranged in such a way that it does not
shine into the public right-of-way. Staff contact: Julia Hajduk, Planning Division.
7. Submit a revised parking plan that shows all standard spaces will be at least 8.5 feet x 18.5 feet and all
compact spaces will be at least 7.5 feet x 16.5 feet. Staff contact: Julia Hajduk, Planning Division.
8. Submit a revised plan that shows six (6)feet of the walkway will be maintained in the area of the bike
rack or show the bike rack in an area that complies with the standards. Staff contact: Julia Hajduk,
Planning Division.
9. Submit details of the bike rack to be used and show that it will accommodate 12 bicycle parking spaces.
Staff contact: Julia Hajduk, Planning Division.
10. Submit a detailed plan that shows the size and location of all existing trees and those to be removed,
and submit confirmation from a certified arborist that the removal of the trees and the proposed location
of mitigation trees are acceptable. Staff contact: Julia Hajduk, Planning Division.
11. Submit a written sign-off from the franchise waste hauler that the proposed facility meets the waste
hauler standards. Staff contact: Julia Hajduk, Planning Division.
12. Submit a revised lighting plan for review and approval by the Police Department that shows lighting
will be provided at the southwest corner of the structure in the area of the plaza. Staff contact: Julia
Hajduk, Planning Division.
13. Submit confirmation from the US Army Corps of Engineers and Division of State Lands (DSL) that
the wetland mitigation plans shown are permitted,or revise the plan to meet the permitted mitigation.
This condition will not be signed off until a letter of confirmation is received from Jan Stuart of the
US Army Corps of Engineers and Biil Parks of DSL. Staff contact: Julia Hajduk, Planning Division.
14. Prior to issuance of a 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. (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.
CPA 98-(WSDR 98-27/PD 98-14 -
BABiES"n US RETAIL STORE PACE 2 OF 29.
1 S. As a part of the public improvement plan submittal, the Engineering Department shall be provided with
the exact legal name, address and telephone number of the individual or corporate entity who will be
•LI s �• the Co r;ftnw anroement /if one is renr fired) and rr5rnv_idint7 the financial
responsible fluor execulti ng he .,.,mp:> ,V'.+ y' I*- "-
assurance for the public improvements. For example, specify if the entity is a corporation, limited
partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the
is name of the corporate contact person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
16. Right-of-way (ROW) shall be dedicated to the Public along the frontage of SW Dartmouth Street to
provide a right-of-way width of 47 feet from the centerline, as shown on the preliminary plan. Since
there appears to be no dedicated RO`^.r for SW Dartmouth Street at this time, a formal centerline may
not be established. The applicant will need to establish the centerline, if necessary, and tie the new
dedication description to that centerline. The dedication document shall be on City forms. Instructions
are available from the Engineering Department.
17. Right-of-way shall be dedicated to the Public along the frontage of SW Atlanta Street to provide a right-
of-way width of 30 feet from the centerline, as shown on the preliminary plan. If the applicant is not
successful in obtaining the proposed offsite right-of-way to the north, then the applicant will need to
make adjustments to the site plan to enable all of the needed right-of-way to be dedicated within this
site. Since there is no dedicated ROW for SW Dartmouth Street at this time, a formal centerline has not
been established. The applicant will need to establish the centerline and tie the new dedication
description to that centerline. The dedication document shall be on City forms. Instructions are
available from the Engineering Department.
18. Prior to issuance of a site and/or building permit, the City shall be ensured that a half-street
improvement along the site frontage of SW Dartmouth Street will be constructed and completed prior to
a final inspection of the building on this site. The improvements shall be constructed in accordance with
the Tigard Triangle Design Standards and shall include:
A. 10-foot wide planted center median, centered at the roadway centerline, constructed along the
full frontage of the site,except at approved driveway locations;
B. Portland cement concrete pavement section (to match existing) from curb to the new median
equal to 28 feet;
C. pavement tapers needed to tie the new improvement back into the existing edge of pavement
shall be built beyond the site frontage;
D. concrete curb to match existing;
E. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
F. 6 foot concrete sidewalk;
G. street trees within a 7-foot planter strip,spaced per TTDS requirements;
H. street striping;
1. streetlights as determined by the City Fngineer;
J. underground utilities;
K. street signs; and
L. driveway aprons.
18. If the applicant is successful in obtaining the offsite right-of-way from the properties to the north, then
prior to issuance of a site and/or building permit,the City shall be ensured that a 3/4-street improvement
will be constructed along the new frontage of SW Atlanta Street and completed prior to a final
inspection of the building on this site. The improvements adjacent to this site shall include:
A. City standard pavement section from curb to centerline equal to 16 feet, plus 8 feet of
pavement on the north side of the roadway centerline such that a total of 24 feet of pavement
width is provided;
B. concrete curb, or curb and gutter as needed;
C. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
D. 6-foot concrete sidewalk;
CPA 98-04/SDR 98-27/PD 98.14
BABIES W US RETAIL STORE PAGE 3 OF 29
E. street trees within a 7-foot planter strip, spaced per TTDS requirements;
F. street striping;
G. streetlights as determined by the City Engineer;
H. underground utilities;
I. street signs; and
I. driveway apron.
20. If the applicant is not successful in obtaining the proposed offsite right-of-way for SW Atlanta Street,
then the applicant shall complete a'/z-street improvement in accordance with"Option#1", outlined in
the memorandum from Alpha Engineering, dated March 9, 1999. Specifically, the improvements
shall include:
A. City standard pavement section from curb to centerline equal to 12 or 13 feet, plus
construction of a drainage ditch on the north side of the improvement;
S. concrete curb,or curb and gutter as needed on the south side of improvement;
C. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
D. 6-foot concrete sidewalk on the south side of improvement;
E. street trees within a 7-foot planter strip, spaced per TTDS requirements along the south side of
the improvement;
F. street striping;
G. streetlights as determined by the City Engineer;
1-I. underground utilities;
I. street signs;
J. driveway apron; and
K. "One Way" designation for this improvement to allow vehicles to travel eastbound only. All
traffic contro! devices necessary to ensure efficiency and safety for this designation shall be
provided by the applicant, and approved by the City Engineer prior to installation. The
applicant shall also make provisions at the proposed private driveway onto SW Atlanta Street
to ensure that trucks and vehicles can not exit that driveway until the north half of the street
is completed.
NOTE: This condition also includes a provision that the applicant will pay funds to the City in an
amount to cover the remaining 3 or 4 feet of asphalt pavement width. An estimate of these funds
shall be submitted to the City Engineer for review and approval. The funds are to be submitted to
the City prior to issuance of a site and/or building permit.
21. Prior to final inspection of the site, the City shall be ensured that the northbound lanes of SW Dartmouth
Street at the intersection of Highway 99W will be restriped or have assurance that it will be completed
with the ODOT scheduled improvements. The restriping shall provide dual left-turning lanes and a
through/right-turn lane. The restriping effort will require coordination with ODOT so that the timing of
the restriping will coincide with ODOT's contract to relocate the loop detectors at that intersection. If the
restriping improvements do not coincide with ODOT's project, the party that provides the striping may
be responsible for relocating loop detectors as needed. A restriping plan will need to be submitted to
both the City and to ODOT for review and approval prior to construction.
22. Prior to issuance of the site and/or building permit, the applicant shall coordinate with the Tualatin
Valley Water District (TVWD) with regard to the new water line that must be installed in SW Atlanta
Street. A permit will be required from TVWD prior to construction.
23. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency
Design and Constriction Standards (adopted by Resolution and Order No. 96-44). Final pians and
calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval
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.
24. Prior to final inspection for certificate of occupancy, the City will need to verify that the twin culverts
that cross SW Dartmouth Street at Red Rock Creek have been cleaned, or is on the city schedule to
be cleaned.
CPA 98-04/SDR 98-27/PD 98-14 -
BABIES"R"US RETAIL STORE PAGE 4 OF 29
25. 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."
6. Prior to issuance of a site and/or building permit, the applicant shall pay an addressing fee in the
amount of$30.00 for this project.
THE FOLLOWCONDITIONS$HALL BE SATISFiEIa
NG `
PRIOR TO-THE FINAL,BUILDING-INSPECTION:
27. Prior to a final building inspection, the applicant shall demonstrate that the public improvements
related to this project have been completed and given a conditional acceptance by the City. The
improvements include, but are not limited to the street improvements along SW Atlanta Street,
SW Dartmouth Street and the restriping of SW Dartmouth Street at Highway 99W.
28. 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;
otherwise "DXF"will be acceptable. Note: if the public improvement drawings were hand-drawn, then
a diskette is not required.
29. To ensure compliance with Unified Sewerage Agency design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of the
private water quality facility to perform construction and visual observation of the water quality facility
for compliance with the design and specifications. These inspections shall be made at significant
stages, and at completion of the construction. Prior to final building inspection, the design engineer
shall provide the City of Tigard (Inspection Supervisor) with writs: confirmation that the water
quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins,
Building Division.
AML
30. Obtain City arborist's approval of proposed street tree planting methods prior to street tree
installation. Staff contact: Julia Hajduk, Planning Division.
31. Prior to final occupancy, all roof-mounted equipment must be screened. Staff contact: Julia Hajduk,
Planning Division.
32. Prior to final building inspection, if the signals have not been installed as previously conditioned by the
Tri-County project, the applicant shall pay a total of $30,000 ($20,000 for the 72"d/Dartmouth
intersection and$10,000 for the 68th/Dartmouth intersection) into a fund maintained by the City that will
be used to finance the signal construction.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE'EFFECTIVE DATE OF THE CITY'S;FINALDECISION.
SECTION Ill. BACKGROUND INFORMATION
Site History:
The site is currently vacant. The area received Site Development Review(SDR) approval for a 40,000 square
foot Future Shop retail store and future building pad A (SDR 95-0019), however, that approval expired in
August 1997. The Future Shop approval would have resulted in more wetlands being impacted than the
current plans. Related Division of State Lands permits and Army Corps of Engineers permits were obtained for
the wetlands fill and mitigation concept for the Future Shop. When the original permits expired, the applicant
obtained a new wetland fill permit. The wetland fill permitted is greater than that being proposed with this
development. The previous approval was made prior to the City's adoption of its significant wetlands inventory,
WqwdVater Re50llf(;Cj (�v"R)vvei�aji standards and ,vletro Title 3;therefore, Ciks envie:":and approval of the wetland
fii!is required.
CPA 998-04/SDR 98-27/PD 98-14
BABIES"R"LIS RETAIL STORE PAGE 5 OF 29
Vicinity Information:
I I IC AUL j:.t property is ;ocd-ted on the east Side Uf SW Dartmouth Street, south of the proposed SW Atlanta
Street. The property to the east is developed with Winco Foods (formally Cub Foods). The property is
bordered on the east by Red Rock Creek. The property abuts SW Dartmouth Street to the west and will be
bordered to the north by SW Atlanta Street when it is constructed. The property is surrounded on all sides by
'"'�^•^"Arty zoned and developed General Commercial,
Site Information and Proposal Description:
The proposal is to construct approximately 38,000 gross square feet of retail store (Babies "R" Us). Because
there are wetlands identified on the City's inventory of significant wetlands, a comprehensive plan amendment
has been requested to allow for a smaii amount of fill and mitigation. Appiicabie sections of the Metro
functional plan apply whenever a comprehensive plan amendment is proposed, even if the City is not required
to comply with all of the functional plan policies at the time. In this case, the applicable functional plan policy is
Title 3,which regulates water quality buffers.
The applicant held their pre-application meeting prior to the effective date of the revised Community
Development Code (11-26-98); however: the application was submitted 12-23-98. Therefore, the standards
in the new Code are the applicable review standards. The Code sections from the old Code are referenced
in the narrative; however, all review was based on the new Code provisions.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
Impact Study:
Section 18.390.040 states that the applicant shall provide 3n impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact,
the study shall propose improvements necessary to meet City 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 18.390 X40 states that when a
condition of approval requires the transfer to the public of an interest in real peoperty, the approval
authority shall adopt findings which support the conclusion that the interest in real property to be
transferred is roughly proportional to the impact the proposed development will have on the public.
The applicant has provided an impact study addressing the project's impacts on public systems. The
Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
development. Based ori 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 percent of the traffic impact of new
development on the Collector and Arterial Street system. The applicant will be required to pay Ti F's of
approximately$74,763 based on the 38,000 square feet of commercial retail space proposed. -
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $233,634 ($74,763 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$158,871.
The applicant has committed to construct half-street improvements along the SW Dartmouth Street frontage
and construct %-street improvements along the SW Atlanta Street frontage. The estimated cost of the
improvements along SW Atlanta Street is $300-$350 per linear foot for approximately 465 feet ($139,500-
$162,750). The estimated cost of improvements along SW Dartmouth Street is $300 per linear foot for
.approximately 1,100 feet,for a total estimated cost of$330,000.
®The traffic study provided indicates that the traffic impacts for this site necessitates widening of the
roadway. The proposed street improvements along SW Dartmouth Street wil`. also allow for additional traffic
CPA 98.0"DR 98-27/PD 98-14
BABIES"R'US RETAIL STORE PAGE 6 OF 29
capacity and is, therefore, eligible for a Transportation Impact Fee (TIF) credit. For this reason, the full
impact cost of the development ($233,634) is roughly proportional to the impact of the development. The
rough proportionality test does not require a precise mathematical calculation. The test does not require a
dollar-for-dollar exchange of conditions for impacts, nor does it require that the impacts outweigh or have a
higher estimated value than the conditions imposed. The estimated costs required of the applicant may be
greater in estimated value of the unmitigated impact, provided the conditions are, in fact, proportional to the
Impacts of the development.
Because the applicant is proposing access on SW Atlanta Street and the street does not currently exist,
street improvements and right-of-way dedication are necessary to insure access is available on a street
ta. dards The rough,,.,,,,,.,C—gra,+ems+ thereforA is no.necessary for SW Atlanta Straet. In
11 ieCUl IIJ. t+l l�/standards. is,va.,y, N,v�+v,arv,,a,iay aa..a a, .., • �..
any event, the applicant has proposed and concurred with the need for street improvements along SW
Atlanta Street and SW Dartmouth Street.
TRIANGLE DESIGN STANDARDS:
Design standards for public street improvements and for new development and renovation projects
have been prepared for the Tigard 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 to 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 located within the Tigard Triangle. If a
standard found in this section conflicts with another standard in the Development Code, standards
in this section shall govern.
he criteria may be adjusted if the adjustment approval criteria, which are found in Section
18.620.090.C.1-4, have been met. The criteria provides that an adjustment may be granted if
granting the adjustment will continue to meet the purpose of the standard(s) to be modified in an
acceptable alternative manner; and the proposal will not significantly detract from the livability or
appearance of an area and the proposal will be consistent with the desired character of the area;
and if more than one adjustment is being requested, the cumulative effect of the adjustments as
well as each individual adjustment results in a project which is stili consistent with the overall
purpose, goals and standards oii•the zone; and granting the adjustment is the minimum necessary
to allow the proposed use of the site; and any impacts resulting from the adjustment are mitigated
to the extent practicable.
The Design Evaluaticn Team (DET) has reviewed the following proposed adjustments in this application:
• Building placement on Major and Minor Arterials
• Ground floor windows
The DET has recommended approval of the adjustments provided certain "mitigation" measures are
provided. The required mitigation measures are discussed under each standard throughout this report.
The DET determined that,with these mitigation measures, the DEET approval criteria for each adjustment is
met. The following are the approval criteria considered by the DET in reviewing the adjustments:
• Granting the adjustment will continue to meet the purpose of the standard(s) to be modified in an
acceptable alternative manner; and
• The. proposal will not significantly detract from the livability or appearance of an area and the proposal
will be consistent with the desired character of the area; and
• If more than one adjustment is being requested, the cumulative effect of the adjustments as well as
each individual adjustment, results in a project which is still consistent with the overall purpose, goals
and standards of the zone; and
CPA 98-(WSDR 98-27/PD W14
BABIES°R"US RETAIL STORE PAGE 7 OF 29
• Granting the adjustment is the minimum necessary to allow the proposed use of the site; any impacts
resulting from the adjustment are mitigated to the extent practical.
Staff will review the site plan for compliance with the agreed upon mitigation measures and recommend
conditions necessary to comply with these. A copy of the DET report is attached as part of this staff report
Pee Attachment"A").
Street Connectivii:
All development must demonstrate how one (1) of the following standard options will be met.
Variance of these standerds may be approved per the requirements of Chapter 18.134 where
topography, barriers such as railroads or freeways, or environmental constraints such a.s major
streams and rivers prevent street extensions and connections.
Design Option:
a. Local street spacing shall provide public street connections at intervals of no more than 660
feet;
b. Hike and pedestrian connections on public easements or right-of-way shall be provided at
Intervals of no more that 330 feet.
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.
The applicant has indicated that they meet the performance option for this site. The length of
SW Dartmouth Street is 4,100 lineal feet; therefore, approximately six(6) intersections would be required to
meet this standard. Based on the number of existing and planned streets (including the intersections of
SW Dartmouth Street at SW Pacific Highway, SW Dartmouth Street at SW Atlanta Street, 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), this standard is considered to have been met without tiie
extension of a street through this site.
SW Atlanta Street is not fully constructed through the Triangle at this time. The Tigard Triangle Street Plan
shows SW Atlanta Street extending from the 1-5 intersection to SW Dartmouth Street. Currently,
SW Atlanta Street is not constructed east of SW 68th Parkway. The approximate length of SW Atlanta
Street, once it is extended from 1-5 to SW Dartmouth Street, is approximately 2,922 feet. Based on this
dimension, approximately five (5) intersections will be required to meet the performance standard. With the
proposed construction of SW Atlanta Street along the progerty frontage, there will be six (6) existing
intersections (SW Dartmouth Street, SW 70th Avenue, SW 69 Avenue, SW 68th Parkway, SW 67"'Avenue
and the i-5 interchange). Once SW Atlanta Street is constructed as planned in the Tigard Triangle Street
Plan, there will be eight (8) intersections. Based on this analysis, the performance option standard for 8
intersections per mile is satisfied for SW Atlanta Street and no additional street extensions are necessary
through the site.
The requirement that"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 the frontage and proposed driveway access points abut Arterial Streets.
The shortest pedestrian trip standard has been interpreted to mean that a pedestrian should not have to
travel more than one and one-half(I 1,i)times the shortest straight line distance from, the driveway entrant-e
go the farthest proposed building entrance. in the plan proposed, the pedestrian path from the driveway
entrance to the store entrance is the straight lire distance.
CPA 984"DR 98-271PD 98.14
BABIES W US RETAIL STORE PAGE 8 OF 29
FINDING: Because the proposal meets the performance option for both SW Atlanta Street and
SW Dartmouth Street the Street Connectivity Standards have been met.
Site Design Standards:
All development mt=st meet the following site design standards. If a parcel is one(1)acre or larger a
ISphased 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 placement on Major and Minor Arterials and the street:
Buildings shall occupy a minimum of 50 percent of all street frontages along Major and Minor
Arterial Streets. Buildings shall be located at public street intersections on Major and Minor Arterial
Streets.
The applicant has met this criterion for the SW Atlanta Street frontage by providing approximately 63
percent frontage. The applicant requested an adjustment to this standard for the SW Dartmouth Street
frontage from the DET. The DET recommends approval of adjustment to this criterion provided the
following mitigation measures are satisfied:
• Locate the building at the intersection of SW Dartmouth Street and SW Atlanta Street, thereby
reinforcing this intersection with a strong architectural presence.
• The triangular shape of the site makes it impractical to extend a building along SW Dartmouth Street at
the southern end of the property. Existing wetlands further constrain the site in this location. A low wall,
constructed with the same materials and details as the base of the building, will be located along
SW Dartmouth Street between the two parking lot entrances. The wall will be divided into a series of
bays and will terminate at a pylon. This organization reflects the overall design: of the building, and
provides a continuous"architectural edge"along the SW Dartmouth Street frontage.
The applicant's plan shows the building will be located at the intersection of SW Dartmouth Street and
SW Atlanta Street. The applicant has submitted elevations showing a wall will be provided of the same
materials as the base of the building. The applicant's plans, therefore, reflect compliance with agreed upon
mitigation measures from the DET.
Building setback:
The minimum building setback from public street rights-of-way or dedicated wetlandsibuffers and
other environmental features,shall be 0 feet;the maximum building setback shall be 10 feet.
The building setback is fully in compliance with the setback standard along SW Atlanta Street. The property
line along SW Dartmouth Street is curved in such a way that, even with a portion of the building having a
zero lot line, remaining portions of the building would be greater than 10 feet from the property line.
Because of the shape of the lot frontage, it is impossible to fully meet the setback standard along the
SW Dartmouth Street frontage. The DET members agreed that the building placement meets the intent of
this standard and has met this standard in as much as is possible. Because the DET reviewed and
approved this location, no variance is required.
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 encouraged. These areas shall
con'tribute to the minimum landscaping requirement per Section 18.620.070.
T he applicant has proposed landscaping and an arcade along the SW Dartmouth Street frontage. No trees
are proposed in the landscape area between SW Dartmouth Street and the building (other than street
rees). Shrubs are proposed, however, Staff cannot confirm if the shrubs will be 3 feet tall and reach 90
percent opacity within one year, as required by the L-1 landscape standards. The DET had recommended
that the sidewalk along the SW Atlanta Street frontage be widened to eliminate landscaping and provide a
CPA 98-00SDR W27/PD 98-14
BABIES"R"US RETAIL STORE PAGE 9 OF 29
hard surface expansion. The applicant has proposed to install a 6-foot-wide landscape strip between the
building and the sidewalk. This is in conflict with the DST recommendation and will be discussed in more
detail and conditioned further in this report. In either event, the landscaping or hard surface expansion
along SW Atlanta Street meets the front yard setback design standard.
Walkway 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 are encouraged. These areas shall contribute to the minimum
landscaping requirement per Section 18.620.070.
The applicant has proposed a 10-foot-wide walkway from the building entrance to SW Dartmouth Street.
The entrance is not located at the corner. Because an entrance at the corner is encouraged but not
required,this standard has been satisfied.
Parking 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's plan shows that parking will be located to the rear or side of the proposed building as
opposed to between the building and the public right-of-way.
FINDING: Because the applicant's plans show conformance with the DET recommended mitigation for
building placement and building setback and compliance with the front yard setback,
walkway connection and parking location, the TTDS Site Design standards have been
satisfied.
Building Design Standards:
All non-residential buildings shall comply with the following design standards. Variance to then j
standards may be granted if the criteria found in Section 18.370.010 (Criteria for Granting a
Variance)are 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 percent 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 percent 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.
The applicant has requested an adjustment to this standard due to the nature of the use and due to existing
topography. The DET has recommended approval of this standard with the following mitigation measures:
1. Along SW Dartmouth Street, provide six (6) glass-fronted poster display areas, three (3) "window
areas" and four(4)enlarged icons;
2. Along SW,Atlanta Street, provide two (2) glass-fronted poster display areas, one (1) "window area"
and ten (10) enlarged icons;
3. On both elevations, provide architectural detailing in the form of a strong building base, cornice line
and regular bays separated by pilasters. Use high quality materials and colors to further articulate
these facades;
4. Along SW Atlanta Street, extend the sidewalk to the building base; and
<n.w. e _ �t. oa.....a A C\A!Dth- C4wa4 rtrrniirio M Small plaza area f!]f 11CP i]v
�`5. At the corner of Svv D69fUinoLet 1 Street anv .... ., p.....de . plaz ,
the public. The plaza will contain seating and a landscape focus element, and will be differentiated
from the sidewalk.
CPA 98-(WSDR 98-27/PD 98-14 - —
BABIES W US RETAIL STORE PAGE 10 OF 29
The applicant's proposal shows all of these mitigation measures will be met with the exception of#4, which
required extension of the sidewalk along SW Atlanta Street to the base. The signed DET drawings include
a note that the sidewalk must extend to the building instead of landscaping. The applicant's plan,therefore,
does not fully comply with the DET recommended mitigation measures to allow a reduction in the ground
floor window standard.
Aftuilding 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 1-foot;
(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.
The applicant's elevation plans show that the wall face will extend no further than 40 feet without a white
splitface block pilaster breaking of the building line, thereby satisfying options a, b and d.
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 elevation plans provided indicate that a canopy will be provided at the entrance to the store.
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 1-A foundation material is not revealed for more than 2 feet.
The applicant's narrative and elevation plans indicate that two (2) colors of decorative block with differing
Wttextures and two (2) colors of Exterior Insulating Finishing System (EIFS) will be provided, thus, satisfying
his criterion.
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 the building's structural system and
architectural style. False fronts and false roofs are not permitted.
The applicant has proposed a flat roof. A parapet is proposed at the building entrance as is permitted. The
applicant is also providing an additional parapet at the corner of SW Atlanta Street and SW Dartmouth
Street at the suggestion of the DET. While this is not listed as a mitigation requirement, it shown on the
approved DET plans and seems appropriate to provide a more architectural presence at this intersection.
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 indicated that the proposed parapet will screen roof-mounted equipment. The applicant
has indicated that a satellite dish will be located on the roof and, due to operational considerations, may not
be able to be Iocai:zd with the other roof-rnounted equipment. A condition of approval will be applied stating
that all roof equipment, including the proposed satellite dish, must be screened prior to final occupancy.
FINDING: Based on the analysis above, the applicant has not meet all of the Building Design
Standards and DET mitigation measures for adjustment. If the conditions specified below
are met, Staff can find that the Building Design Standards will be met.
CPA 98-04/SDR 38-27/PD 9814
BABIES W US RETAIL STORE PAGE 11 OF 29
CO • & 6. a .few along SVI D ant.- Scree will I ex n to the base of
�ulvDlTitSNa: � r'�evlae tna plans to showthe�e sivavralk 4!d•,y ...l,.t W„.G ..,......t r.i! extend ,., ..,,
the building.
e Prior to final occupancy, all roof-mounted equipment must be screened.
i ns:
In addition to the requirements of Chapter 18.780 of the Development Code, the following standards
shall be met:
Zoning District Regulations:
Non-residential development within the MUE zone shall meet the sign requirements of the C-P zone
(18.780.130.D).
Sign Area Limits:
The maximum sign area Ilralts found in Section 18.780.130 shall not be exceeded. No area limit
Increases will be permitted within the Tigard Triangle.
Height Limits:
The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not
extend above the roof line of the wall on which the sign is located. No height increases will be
permitted within the Tigard Triangle.
Sign Location:
Freestanding signs within the Tigard Triangle shall not be permitted within required
L-1 landscape areas.
The applicant has not formally applied for sign permits. Signs must be approved through the sign permit
process as administered by the City of Tigard Development Services Technicians. Compliance with sign
standards will be reviewed at that time. A sign permit must be obtained for ANY sign located on the
property.
FINDING: Because compliance with sign codes will be required when a sign permit is applied for, these
standards are not relevant at this time.
Landscaping and Screening:
Two (2) levels of landscapir�; 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 are defined In other sub-sections of this section. These standards are minimum
requirements. Higher standards may be substituted as long as all height limitations are met.
L-1 (Low Screen):
For general landscaping of landscaped and screened areas within parking lots, local collectors and
local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. 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 3'12 inch caliper,
at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen
and a 90 percent 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.
The setback along the frontage of SW Dartmouth Street has portions that are greater than 5 feet wide;
however, no trees are proposed in this setback area. Groundcover and shrubs are proposed, however,
Staff cannot confirm that they will provide a 3-foot screen and a 90 percent opacity within one year. Staff
recommends that the applicant be required to submit a revised plan that shows the trees will be planted in
the setback areas greater than 5 feet wide and submits confirmation that the shrubs will provide a 3-foot
screen and a 90 percent opacity within one year, Staff estimates that six (6) additional trees will be
0required.
CPA 98-04/.QnR 98-27/PD 98-14
ELABIES"R”US RETAIL STORE PAGE 12 OF 29
L-2(General Landscaping):
For general landscaping of landscaped and screened areas within parking lots, local collectors and
local streets, planting standards of Chapter 18,746 Landscaping and Screening, shall apply, Trees
shall be provided at a minimum 2% Inch caliper, at a maximum spacing of 28 feet. Shrubs shall be
of a size and quality to achieve the required landscaping or screening effect within two (2) years.
ny tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit.
The site does not abut a local street;therefore, the L-2 standards do not apply.
FINDING: Because the applicant has nut proposed 3% inch caliper trees in the setback areas that are
greater than 5 feet in width and has not submitted confirmation that the shrubs will provide
a 3-foot screen and a 90 percent opacity within one year, the TTDS Landscaping and
Screening criteria have not been met. If the applicant submits a revised plan that shows 3'/Z
inch trees will be planted 28 feet on center in the setback areas 5 feet in width and larger and
submits confirmation that the shrubs will provide a 3-foot screen and a 90 percent opacity
within one year,these criteria will be met.
CONDITIONS:• Submit a revised plan that shows 3% inch trees will be planted 28 feet on center in the
setback areas 5 feet in width and larger.
• Submit confirmation that the shrubs between the parking lot and the street will provide a
3-foot screen and a 90 percent opacity within one(1)year.
GENERAL APPROVAL CRITERIA FOR SITE DEVELOPMENT REVIEW:
The Site Development Review approval standards require 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 18.350, 18.380, 18.390, 18.520, 18.620, 18.705, 18.745,
18.755, 18.765, 18.775, 18.790, 18.795, 18.797, 18.810 and the Metro Functional Plan Standards. The
proposal's consistency with these sections has been reviewed within this report.
Planned Development(18.350):
Chapter 18.350 allows the option for an applicant to create a more efficient, economically viable
development that preserves natural land features while implementing the land use designation set
forth for the property though the Comprehensive Plan.
Section 18.350.020.13 states that the Planned Development Review is a three (3)-step process, as
follows:
1. The approval of the planned development overlay zone;
2. The approval of the planned development concept plan; and
3. The approval of the Detailed Development Plan.
The property has a Planned Development(PD) overlay. The Code requires that any development on property
with a PD overlay be reviewed under the Planned Development standards. The applicant has requested a PD
because that is what was required, however, the proposal does not seek to utilize any of the PD provisions.
The applicant has also requested a Site Development Review. The applicant has requested Conceptual
Planned Development and Detailed Planned Development approval with this application to comply with the
second and third step of the PD process. Because the approvai standards for the PD are the same as the
SDR standards, with a few exceptions, combining these actions is appropriate. The SDR approval criteria are
discussed throughout this report and conditioned as needed.
FINDING: Because the criteria for the PD are essentially the same as the SDR and we addressed and
conditioned within this report,the PD standards are satisfied.
Sensitive Lands(18.776):
Chapter 18.775 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
CPA 98.(WSDR 98.27/PD 98-14
BABIES"R'US RETAIL STORE PAGE 13 OF 29
minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and
wildlife habitat,and preserving scenic quality and recreational potential.
The site contains a wetland that is regulated by DSL and the U5 Army Corps of Engineers. A city Sensitive
Lands permit for development within the wetland is not required if the wetland is regulated by the state or
®federal government. In that event, the City must impose a condition of approval requiring the appropriate
qWpermits be obtained. In this case, the applicable permits have already been obtained; however, there is
some question as to whether the plans shown reflect what was permitted.
FINDING: Because the wetlands are jurisdictional and no other alteration of the natural drainage is
proposed,the SLR criteria does not apply.
Water Resources Overlay(18.797):
This Chapter has standards for sites identified as significant on the Tigard Wetlands and Stream
Corridors Map. The standards identify Red Rock Creek as a Minor Stream, which requires no
additional riparian setback other than the standard USA 25-foot setback.
Removal of wetlands or buffer in the Water Resource overlay is prohibited. Section 18.797.140
states that in order to develop within a portion of the Water Resource area, a comprehensive plan
amendment would be required. This section addresses the applicable criteria of the proposed
Comprehensive Plan Amendment .-pplic-ation. Section 18=797.140 requires the following criteria to
be addressed to allow the proposed fill and mitigation of wetlands designated on the City's
Significant Water Resources map:
The analysis shall consider the Enviror!mental, Social, Economic and Energy (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;
The ESEE analysis compares several alternative plans for this site, including a no build plan. While the no
build certainly protects the resource area, the social and economic possibilities on this site ars; not realized.
If the development were to occur even in another area of the triangle,the potential for shared energy use by
customers would not be realized due to the central location of other stores such as the Costco, Winco and
the future Tri-County shopping center. The ESEE analysis concludes that the plan proposed provides a
balance between negative and positive impacts for the Environmental, Social, Economic and Energy
considerations.
The mitigation plan proposes to enhance the existing wetlands that will remain. 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 applicant's statement that no other largely
undeveloped General Commercial Zone 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, or
partial loss of the resource;
Metro and the City of ' igard have designated the Tigard Triangle Area as an employment center. The
applicant states that the project will create both long and short term employment as well as increase the
City's tax revenue. The applicant is proposing to remove only a small portion of the existing wetland (.116
acres or 11 percent of the existing wetland and 2.3 percent of the entire site) and will greatly enhance the
remaining wetland. If the applicant were not permitted to fill the wetland, the proposed store would not be
able to provide the industry standard parking and would, therefore, not be able to locate at this location.
While other development could potentially use the site, given the cost of improvements and the size of the
site, it is unlikely that another use would not face similar challenges.
CPA 98-0"DR 98-271PD 98-14
BABIES'R"US RETAIL STORE PAGE 14 OF 29
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:,rea that can meet the specific needs of the proposed use;
The applicant's analysis states that there are few undeveloped commercial sites in Tigard and fewer still in
lose proximity to the desired highway intersections and transportation corridors. The applicant states that,
while there are still several sites in the Tigard Triangle,they have their own environmental constraints.
The ESEE analysis shall be prepared by a team consisting of a wildift biologist or wetlands
ecologist and a land use planner or land use attorney, all of whom are qualified In their respective
fields and experienced In the preparation of Goal 5 ESEE analysis;
The applicant's wetlands determination was prepared by Dr. Martin Schott. The project manager is Dave
Humber with Alpha Engineering who has extensive experience in compliance with land use regulations. In
addition to the ESEE analysis itself, the applicant prepared a response to METRO Title 3 requirements
which Staff has utilized in evaluating the ESEE criteria. The team that prepared the ESEE and response to
Metro Title 3 consists of several people: Dave Humber of Alpha Engineering; Ball janik, LLP; and Dr.
Martin Schott.
If the application is approved, then 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 format was prepared for all designated sites, if this application is approved, Staff
will undertake the appropriate revisions to the resource maps.
Metro Title 3:
In addition to the Plan amendment criteria specified above, because the proposal regl!rres a
Comprehensive Plan Amendment, the applicable provisions of the METRO functional plan apply. In
this case, Title 3 applies. Title 3 required a water quality buffer to be established which shall be
protected, maintained enhanced or restored. Title 3 has a provision allowing cities to aiiow
development in water quality resource areas provided that the City implement procedures which: 'I)
demonstrate that no practicable alternatives to the required development exist which will not disturb
the Water Quality Resource Area; and 2) if there is no practicable alternative, limit the development to
reduce the impact associated w7th the p+oposed use; and 3)where the development occurs, require
mitigation to ensure that the functions and values of the water quality resource area are restored.
The City has not incorporated Title 3 fully and, therefore, procedures for permitting development within the
Water Quality Resource area have not been established. Advice from the City Attorney's office indicates that
the applicant must show how they comply with these specific standards. Because the Water Resource overlay
requires an ESEE and Comprehensive Plan Amendment approved by the City Council,the review authority for
Title 3 review is appropriate. The following are the criteria for allowing development in the Water Quality
Resource area followed by Staffs analysis:
Demonstrate that no practicable alternatives to the required development exist which will not disturb
the Water Quality Resource Area; and
The development and land use history of the site demonstrate that alternative plans have been considered by
prospective developers and the plan proposed for this review has the least impact and is the minimum impact
necessary for the proposed use. The DSL and US Army Corps permits have been issued (twice) which
required the applicant to demonstrate that no practicable alternatives exist and that the impact is the minimum
necessary. The property is one of five in the Dartmouth Local Improvement District(LID),which was formed to
fund the original street improvements. The LID and property tax assessments are based on the value of the
property to be developed as commercial property. Given the financial constraint of the property, it is highly
unlikely that a use could locate on the site that would require less area and still be able to contribute financially
to fine required improvements. While parking exceeds the City minimum, this is below the industry standard.
CPA 98404/SDR 98-27/PD 98-14
BABIES W US RETAIL STORE PAGE 15 OF 29
Staff has been informed that a reduction in parking is unacceptable and would likely result in the development
not locating in this area.
if there Is no practicable alternative, limit the development to reduce the impact associated with the
proposed use; and
*The impact to the wetland/resource area is limited to approximately 5,000 square feet. This represents 2.3'
percent of the site and 11 percent of the existing wetland on the site. The store has been located in the
deepest portion of the site with parking just at or below the industry standard and is well below the maximum
permitted. The applicant's plan shows the impact to the resource area is the minimum necessary to allow a
commercial development consistent with the area goals and existing development.
Where the development occurs, require mitigation to ensure that the functions and values of the Water
Quality Resource area are restored.
The joint DSL/US Army Corps permit required mitigation and enhancement of the wetlands to remain. The
applicant has indicated that they will be providing more enhancement than required for the fill they are doing
because they will follow the mitigation plan for the previous approval,which involved filling in of more wetlands
than this new proposal. Conditions of mitigation by DSL and the US Army Corps of Engineers requires erosion
control measures and protection of chemicals, etc. from entering the water. Compliance with the permit
approva!from DSL and the US Army Corps of Engineers will insure that the wetland is appropriately mitigated
and existing systems protected.
Metro was given an opportunity to comment on the proposal and did not provide comments, objections or
concerns during the comment period.
FINDING: Based on the discussion above, the relatively small encroachment into the wetland is justified
when compared to the affect on the development potential of the site if the wetlands were not
permitted to be altered and the Water Resource buffer reduced. It is found that the applicant
has met the standards for the Comprehensive Plan Amendment and has demonstrated how
they are consistent with the Metro Title 3 standards.
Landscaping and Screening 418.745 and 18.360):
Street Trees: Section 18.745.040 states that all development projects fronting on a public street shall
be required to plant street trees in accordance with Section 18.745.040.C. Section 18.745.040.0
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.
The property has approximately 850 feet of frontage on SW Dartmouth Street and 600 feet along SW Atlanta
Street. The Tigard Triangle Design standards require street trees along SW Dartmouth Street to be broad
spreading and planted 27 feet on center. Street trees along SW Atlanta Street are required to be columnar and
planted 22 feet on center. The applicant has submitted plans that show Pyramidal European Hombeam will be
planted along SW Atlanta Street 22 feet on center and Chancellor Linden will be planted along SW Dartmouth
Street 40 feet on center. The spacing for the trees on SW Dartmouth Street does not meet the requirements,
as they must be 27 feet on center. Staff referred to The Westem Garden Book to determine if the trees
proposed meet the type requirements. The Western Garden Book did not identify these particular trees;
therefore,Staff cannot determine if the trees proposed are broad spreading or columnar.
Land Use Buffering and Screening:
Section 18.745.080 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 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
f evergreen shrubs, a five-foot minimum height fence, or an aarthen berm with evergreen shrubs
which will provide a continuous six-foot screen within two(2)years.
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BABIES"R"US RETAIL STORE PAGE 16 OF 29
The property does not abut a use other than commercial; therefore, buffering and screening between differing
uses is not required.
Screening: Special Provisioos:
Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas
hall 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
effect. 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.
Screening for the parking lot has been addressed previously. The landscape plan does not show the wall. The
applicant has shown landscaped islands meeting the dimensional requirement. The trees, for the most part,
are spaced equally with 1 for every 7 spaces, however, there are several areas in which there is not a tree for
every 7 spaces. It appears that four(4)more trees will be necessary to meet this requirement.
FINDING: Because the plan does not indicate whether the trees are columnar or broad spreading and
does not show trees along SW Dartmouth Street will be 27 feet on center, the landscaping and
Screening standards have not been met. If the applicant submits a revised plan that shows
trees along SW Dartmouth Street will be 27 feet on center, and provides confirmation that the
trees along SW Atlanta Street are columnar and the trees along SW Dartmouth Street are broad
spreading, the criteria will be satisfied.
CONDITION: Submit a revised plan that shows trees along SW Dartmouth Street will be 27 feet on center.
Provide confirmation that the trees along SW Atlanta Street are columnar ana the trees along
SW Dartmouth Street are broad spreading.
Visual Clearance Areas(18.795):
Chapter 18.795 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 provider.;'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),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 Buii ting Placement.
FINDING: Because the TTDS supercedo the other standards of the Code, this criterion is found to be
inapplicable.
Off-Street Parking and Loadina(18.765):
Preferential long-term carpool/vanpool parking: Parking ots providing in excess of 20 long-term
parking spaces shall provide preferential long-term carpool and vanpool parking for employees,
students and other regular visitors to the site. At least 5 percent of total long-term parking spaces
shall be reserved for carpool/vanpool use. Preferential Barking for carpools/vanpools shall be
closer to the main entrances of the building than any other employee or student parking except
parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be
full-sized per requirements in Section 18.765.040.N and shall be clearly designated for use only by
carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday,
ODue to the nature of the use(retail sales), long-term carpool parking is not anticipated;therefore,this criterion is
found to be inapplicable
CPA 96:U/sDR w5-27!12139&14
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Disabled-accessible parking;
All parking areas shall be provided with the required number of parking spaces for disabled persons
as specified by the State of Oregon Uniform Building Code and federal standards. Such parking
spaces shall be sized,signed and marked as required by these regulations.
The applicant has proposed 164 parking spaces;therefore, six(6)ADA spaces are required. The applicant
has proposed six(6)handicap spaces, one of which is van accessible.
DEQ indirect source construction permit:
All parking lots containing 250 spaces or parking structures containing two or more levels shall
require review by the Oregon Department of Environmental Quality(DEQ)to:
1. Acquire an Indirect Source Construction permit;
2. Investigate the feasibility of installing oil and grease separators.
The applicant is only constructing 164 parking spaces; therefore,this standard does not apply.
Access drives:
With regard to access to public streets from off-street parking: access drives from the street to off-
street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and
provide maximum safety for pedestrian and vehicular traffic on the sl!e; the number and size of
access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and
Circulation; access drives shall be clearly and permanently marked and defined through use of
rails,fences,walls or other barriers or markers on frontage not occupied by service drives; access
drives shall have a minimum vision clearance in accordance with Chapter ?8.795, Visual Clearance;
access drives shall be improved with an asphalt or concrete surface; and excluding single-family
and duplex residences, except as provided by Subsection 18.810,030.13, groups of two or more
parking spaces shall be served Ly a service drive so that no backing movements or other
maneuvering within a street or other public right-of-way will be required.
JIML
The access drive design meets the dimensional standards provided in the Code and provides for adequate
emergency vehicle circulation. The proposal shows three (3) access points to the site, two (2) with a
30-foot width an,� one (1) with a width of 45 feet, whereas the code only requires one 50-foot-wide or two
30-foot-wide access points when more than 99 parking spaces are provided. The access drives are clearly
identified and will be paved with asphalt.
Pedestrian access:
Pedestrian access through parking lots shall be provided in aucardance with Section 18.705.030.F.
Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall
install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle
from escaping such area and which will prevent pedestrians from walking over drop-off edges.
Walkway requirements are discussed and conditioned, if necessary, further in this report. The site has no
grade drop-offs;therefore,the other standards of this section do not apply.
Parking lot striping:
Except for single-family and duplex residences,any area intended to be used to meet the off-street
parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and
all interior drives and access aisles shall be clearly marked and signed to show direction of flow and
maintain vehicular and pedestrian safety.
The plans submitted show parking spaces clearly marked. Directional markings are not proposed; however,
because all access drives are 2-way, directional markings are not required.
*Wheel stops:
Parking spaces along the boundaries of a pal king lot or adjacent to interior landscaped areas or
sidewalks shall be provided with a wheel stop at least four inches high located three feet back from
CPA 98-04/SDR 9&271121)98-14
BABIES"R"US RETAIL STORE PACE 418 OF 29
the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or
low lying landscape material that does not exceed the height of the wheel stop. This area cannot be
calculated to most landscaping or sidewalk requirements.
The applicant's plans do not indicate wheel stops will be provided in any area other than the parking along
We building frontage.
Lighting:
All lights providing to illuminate any public or private parking area or vehicle sales area shall be
arranged to direct the light away from any adjacent residential district.
The development does not abut a residential zone, however, this standard could also be construed to
restrict the glare from lights into the public right-of-way. The applicant's lighting plan does not provide detail
for Staff to confirm that the lighting will be arranged to be directed away from the public right-of-way. This
standard can be m6t by submitting a detailed lighting plan that indicates parking lot lighting will be arranged
to direct the light away from public right-of-way.
Space and aisle dimensions:
Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions
for parking spaces are: 8.5' x 18.5' for a standard space; 7.5' x 16.5' for a compact space; and as
required by applicable State of Oregon and federal standards for designated disabled person
parking spaces; the width of each parking space includes a stripe which separates each space.
Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in
width;
The parking lot plan shows the standard stall dimensions will be 18 feet by 8.67 feet and the compact stall
dimension will be 8 feet by 15 feet. The length for the standard space must be 18.5 feet and the length for
the compact space must be 16.5 feet. The aisles provided are 24 feet wide, with the rear most aisle being
over 30 feet wide. Because the width of the 30-foot-wide aisle is greater than required, Staff is comfortable
that the dimensional standards can be adjusted to meet the requirements.
Bicycle parking location and access:
Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of
primary entrances to structures; bicycle parking areas shall not be located within parking aisles,
lana: aae areas nr pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings
and/or the street. When the bicycle parking area is not visible from the street,directional signs shall
be used to located the parking area; and bicycle parking may be located inside a building on a floor
which has an outdoor entrance open for use and floor location which does not require the bicyclist
to use stairs to gain access to the space. Exceptions may be made to the latter requirement for
parking on upper stories within a multi-story residential building.
The bike rack is 50 feet from the main entrance to the site and even closer to the exit. The location of the
bike rack is within the walkway from the entrance to the street. Since the walkway is 10 feet wide and the
Tigard Triangle Design Standards only require a walkway to be 6 feet wide, it may be possible to locate the
bike rack in this area provided the 6-foot width is still maintained. A condition is recommended that the
applicant submit a plan that shows 6 feet of the walkway will be maintained or the bike rack will be re-
located in an area outside of parking aisles, landscaping areas or pedestrian ways.
Bicycle parking design requirements:
Section 18.765.050.0. The following design requirements apply to the installation of bicycle racks:
The racks required for required bicycle parking spaces shall ensure that bicycles may be securely
locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee)
parking is encouraged but riot required; bicycle racks must be securely anchored to the ground,
wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when
covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be
provided and maintained beside or between each row of bicycle parking; each required bicycle
parking spare must be accessible without moving another bicycle; required bicycle parking spaces
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BABIES"R"US RETAIL STORE PAGE 19 OF 29
may not be rented or leased except where required motor vehicle parking Is rented or leased. At-
cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for
required bicycle parking must be clearly reserved for bicycle parking only, Outdoor bicycle parking
facilities shall be surfaced with a herd surfaced material, i.e., pavers, asphalt, concrete or similar
material. This surface must be designed to remain well-drained.
Whe applicant has not provided detail of the bike rack.
Minimum bicycle parking requirements:
The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in
Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces.
Table 18.768.2 states that for general retail sales, .3 bicycle parking spaces are required for every 1,000
square feet of gross floor area. Because the building is approximately 38,000 square feet, 12 bicycle parking
spaces are required. The applicant has indicated only seven(7)spaces will be provided.
Minimum off-street parking:
Section 18.765.070.1-1 states that the minimum and maximum parking shall be as required in Table
18.765.2.
Table 18.765.2 states that the minimum parking for sales oriented retail is 3.7 spaces per 1,000 square feet
and the maximum parking in Zone B (as defined by Metro) is 6.2 spaces per 1,000 square feet. In this case,
the minimum parking is 140 and the maximum parking is 235. The applicant has proposed164 parking spaces.
Off-street loading spaces:
Commercial, industrial and institutional buildings or structures to be built or altered which receive
and distribute material or merchandise by truck shall provide and maintain off-street loading and
maneuvering space as follows: a minimum of one loading space is required for buildings with
10,000 gross square feet or more; minimum of two loading spaces for buildings with 40,000 gross
square feet or more.
he building is less than 40,000 square feet; therefore, only one (1) loading space is required. The
applicant has shown a loading space will be provided on the eastern side of the building.
Off-street loading dimensions:
Each loading berth shall be approved by the City Engineer as to design and location; each loading
space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum,
the maneuvering length shall not be less than twice the overall length of the longest vehicle using
the facility site; entrances and exits for the loading areas shall be provided at locations approved
by the City Engineer in accordance with Chapter 18.710; screening for off-street loading facilities is
required and shall be the same as screening for parking lots in accordance with Chapter 18.745.
The City Engineer has reviewed the plans and indicated that the location of the loading area is acceptable.
The loading area is screened from view by the building.
FINDING: Based on the analysis above,the off-street parking and loading standards have not been met.
Staff finds it is reasonably possible for the applicant to comply with all of the standards.
If theconditions listed below are satisfied,the standards will be fully met.
CONDITIONS: • Subrnit a revised site plan that shows wheel stops will be provided in all areas where the
parking abuts landscaping walkways,etc.
• Submit a lighting plan that shows the parking lot lighting will be arranged in such a way that
it does not shine into the public right-of-way.
• Submit a revised parking plan that shows all standard spaces will be at least 8.5 feet x 18.5
feet and all compact spaces will be at least 7.5 feet x 16.5 feet.
• Submit a revised plan that shoes six(6)feet of the walkway will be maintained in the area
of the bike rack or show the bike rack in an area th-at complies with the standards.
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BABIES'R'US RETAIL STORE PAGE 20 of 29
SUL-slit details of the hike rack to (fie used and show that it will accommodate 12 bicycle
parking spaces.
Access, Egress and Circulation:
Walkways:
n-site pedestrian walkways shall comply with the following standards: Walkways shall extend
from the ground floor entrances or from the ground floor landing of stairs, ramps,or elevators of all
commercial, institutional, and industrial uses, to the streets which provide the required access and
egress. Walkways shall provide convenient connections between buildings in multi-building
commercial, institutional, and industrial complexes. Unless impractical, walkways shall be
constructed hetween new and existing developments and neighboring developments;
This standard has been addressed previously in this report as part of the TTDS compliance review.
Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall
be designed and located for pedestrian safety. Required walkways shall be physically separated
from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a
minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are
permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in width,
exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and
sign posts,and shall be in compliance with ADA standards;
The walkway provided does not cross a driveway or parking lot;therefore,this standard does not apply.
Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, etc. ftvlkways may be required to be lighted and/or signed as needed for safety purposes.
Soft-surfaced public use pathways may be provided only if such pathways are provided in addition
to required pathways.
The plans indicate the walkway will be paved with concrete.
Minimum access requirements for commercial and industrial use:
Section 18.7 05.030.1 provides the minimum access requirements for commercial and industrial
uses: Table 18.705.3 indicates that the required access width for developments with 100 or more
parking spaces is 30 feet with 24 feet of pavement if 2 accesses are provided and 50 feet with 40 feet
of pavement if one access is provided. Vehicular access shall be provided to commercial or
industrial uses, and shall be located to within 50 feet of the primary ground floor entrances;
additional requirements for truck traffic may be placed as conditions of site development review.
As stated previously, the applicant has submitted plans showing the width requirements will be met. The
parking lot is within 50 feet of the site entrance.
FINDING: Because the access standards have been addressed previously in this report or do not apply,
the Access, Egress and Circulation standards have been satisfied.
Tree Removal:
Section 18.790.030 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 treos during and after
construction.
The applicant has indicated in the narrative that there are 26 trees over 12 inches in caliper. Of the twelve, 13
will be removed as a result of improvements required for this project. Because only half of the existing trees
over 12 inches caliper are being removed, the applicant is required to mitigate 50 percent of the total inches
CPA 98-W:OR 98-27/PD 98.14
vADIES"R°LIS RETAIL SFORE PAGE 21 of 29
removed. The applicant's narrative indicates that the total inches removed are 203; therefore, 101.5 inches
must be r itigated. They state this will be mitigated by planting 186 caliper inches, as park of the wetland
mitigation. The applicant has not provided information on how this data was obtained. Sheet 2 of 18 of the
pians show the trees to be removed, however, it is difficult to read the size and type of tree to verify the
applicant's calculations. In addition,the tree removal plan is required to be prepared by a certified arborist.
*FINDING: Because Staff cannot determine if the plans were prepared by a certified arborist and the pians
are not detailed enough for Staff to confirm the information provided by the applicant, Staff
cannot find that this standard has been met. If the applicant submits a detailed plan that shows
the size and location of all trees on the site, and submits confirmation from a certified arborist
that the removal of the trees and the proposed location of mitigation trees are acceptable, Staff
can find that this standard has been met.
CONDITION: Submit a detailed plan that shows the size and location of all existing trees and those to be
removed and submit confirmation from a certified arborist that the removal of the trees and the
proposed location of mitigation trees are acceptable.
Ste:
Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-G Zoning
District.
Signs have been discussed earlier in this report under Tigard Triangle Design Standards discussion; therefore,
this standard has been satisfied.
FINDING: Because signs have been addressed previously in this report,this standard has been satisfied.
Public Facility Concerns:
Streets:
Tigard Development Code (TDC) 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards. In addition, TDC 18.620.010.13 states
j that 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.
TDC 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
SW Dartmouth Street
This site lies adjacent to SW Dartmouth Street, which is classified as a major arterial in the Tigard Triangle
Design Standards (TTDS). This roadway classification requires a right-of-way (ROW) width of 94 feet. At
present, there is no official ROW dedicated for SW Dartmouth Street along this site. Staff believes the
ROW was never dedicated back when the Dartmouth LID improvements were completed. Now that this site
is under development, the applicant should dedicate the necessary ROW to the roadway centerline. The
applicant's plan indicates they will dedicate the necessary ROW.
This roadway was improved as a part of a LID, but was not constructed to meet the current TTDS. The
street is a concrete facility with a curb on the east side of the site for drainage control. The applicant is
proposing two driveways for this site along SW Dartmouth Street. In order to meet the current TTDS and
mitigate the impact of the additional traffic from this development, the applicant is proposing to widen the
roadway and add additional features such as concrete sidewalk, street trees and a center planted median.
The plans show that the street improvements will be constructed along the full frontage, which extends to
approximately the centerline of the Red Rock Creek culvert crossing. The plans show that the sidewalk will
connect to the existing sidewalk that was constructed adjacent to the Cub Foods site. There is one concern
with the plan, in that there is no center median proposed along the section south of the south main driveway
into the site. The TTDS requires the median to be constructed along the full frontage of the site. Therefore,
the applicant should provide the center median to the south property line of the site.
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SW Atlanta Street
The TTDS street plan indicates that SW Atlanta Street, a minor arterial, should be aligned adjacent to the
north property line of this site and be an east/west connection between SW Dartmouth Street and SW 72nd
Avenue. At present, there is no dedicated ROW for this roadway. The applicant is proposing to dedicate 30
feet of ROW on this property (half of the required width), -,no are indicating that they intend to make partial
treet improvements on the adjacent properties to the north. It appears that they wool: impact
approximately 30 feet of property to the north. If the applicant can obtain the necessary offsite ROW, then
Staff could support the proposed plan. Evidence of the offsite ROW acquisition would need to be submitted
to the City prior to construction. If the off-cite ROW cannot be obtained by the applicant, then they will need
to make the necessary adjustments to the site plan to ensure that all of the street improvement impact will
be contained within this site.
The applicant is proposing one driveway from this site onto SW Atlanta Street. Their plans indicate that
they will construct a %-street improvement of SW Atlanta Street adjacent to the site frontage. The street
section for this section of SW Atlanta Street requires a 32-foot curb4o-curb pavement section, which allows
for two 11-foot travel lanes and two 5-foot bike lanes. The%-street improvement is necessary because only
half of the street section would not be wide enough to allow for two lanes of traffic. The additional 8 feet of
pavement on the north side of the roadway will provide a total paved width of 24 feet, which will be
adequate until the north side of the roadway can be improved in the future.
As was stated above, the applicant's plans indicate they plan to construct a portion of the street
improvements (the north %) on adjacent properties to the north. Again, if the applicant can obtain the
necessary offsite ROW, Staff will support the proposed plan. If, however, the applicant is not able to obtain
the offsite ROW, then they shall make any necessary adjustments to the site plan to ensure that all street
improvement work will be confined to this site.
Transportation Impact Analysis
A traffic study was prepared by Kittelson and Associates, dated December 1998. The study analyzed the
major intersections in this area, including:
• Highway 99W/SW Dartmouth Street
• SW Dartmouth Street/SW 72nd Avenue
• SW Dartmouth Street/SW 68th Parkway
• North Main Access/SW Dartmouth Street
• South Main Access/SW Dartmouth Street
• SW Atlanta Street/SW Dartmouth Street.
Under existing weekday PM peak hour conditions, the all-way stop controlled intersections of SW
Dartmouth Street/SW 72"d Avenue and SW Dartmouth Street/SW 68th Parkway operate over capacity and
at level of service (LOS) "F". These intersections are planned to be signalized as a part of the Tri-County
project later this year. The Kittelson report assumes these signals will be installed prior to completion of this
project,which will ensure that the intersections will operate at acceptable LOS. Staff had concerns that the
signals would not be installed prior to the business opening and adding additional traffic to the intersections.
Staff had originally recommended that a condition be attached requiring the signals be installed prior to
final building inspections. The applicant provided testimony that the relatively low impact of the increased
traffic from this development is not proportional to the potential cost of installing traffic signals in the event
that the Tri-County project has not moved forward and installed the traffic signal as conditioned. The
applicant indicated that they would be willing to pay a fee for their portion of the impact on the intersection.
The City Council proposed and the applicant accepted an arrangement that the applicant pay a flat fee of
$20,000 for the 72nd/Dartmouth intersection and $10,000 for the 68th/Dartmouth intersection to be deposited
into an account that would then be used to finance the signal construction. It was acknowledged that'the
business may be operational prior to the signals being installed, however, with money deposited to cover a
portion of the traffic signal, they had addressed the need resulting from the impact of this development for
the signal while still accepting that the full cost of both signals was not roughly proportional to the impact of
the development.
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BABIES W US RETAIL STORE PAGE 23 of 29
The study also indicates that the intersection of SW Dartmouth S eet/Highway 99W will operate at LOS°D",
with a volume-to-capacity (v/c) ratio of 0.98 during the PM peak hour, under 1999 background traffic
conditions (without the impact of this project). Kittelson indicates that when the project traffic is added, the
v/c ratio will continue to be 0.98 during the PM peak hour. Kittelson recommends that the northbound lanes
of SW Dartmouth Street be restriped to provide dual left-turn lanes and a shared through/right-turn lane;
With the restriping, the v/c ratio would drop to 0.95 during the PM peak hour.
ODOr Comments
ODOT submitted comments with regard to this application, dated February 25, 1999. ODOT uses different
software for determining LOS at signalized intersections. ODOT's SIGCAP2 software emphasizes the v/c
ratio for determining the LOS, rather than vehicle delay, which Kittelson used in their study. A v/c ratio of
0.98 would equate to LOS E-F, not D as Kittelson reports. ODOT recommends the City require the
northbound lanes of SW Dartmouth Street to be restriped by the applicant as a part of this project to ensure
the v/c ratio will drop to 0.95. ODOT will be completing a project during the fall of 1999, which will relocate
the loop detectors at the intersection. ODOT states that if the applicant can coordinate the restriping of the
northbound lanes to be within the timeframe of their contract, the applicant would not need to adjust the
loop detectors. Staff concurs that the restriping should be completed. Therefore, Staff has included a
condition that would require the restriping to be completed prior to a final inspection of the building.
ODOT's signal analysis indicates that wi`h traffic generation from the proposed development, traffic is
expected to queue 500 feet back from the SW Dartmouth Street/Highway 99W intersection without the
restriping, and 460 feet back from the intersection with the striping improvements. The proposed
northernmost driveway into this site would be approximately 600 feet back from the intersection. ODOT
states that, with increased growth in the area, the traffic will likely queue back and block that driveway and
block the left turning traffic into the site.
ODOT also is concerned about the possibility of turning movement conflicts between the southernmost
driveway and Costco's south driveway, especially after that driveway is signalized, as Costco is proposing.
There would be only 100 feet separating the Costco driveway and the southernmost driveway into this site.
ODOT is concerned about traffic moving from one site to the other and the potential for rear-end accidents
and cross-traffic conflicts.
To alleviate these two concerns, ODOT recommends the City require the applicant to consolidate the two
(2) proposed driveways into this site into one(1) main access located midway between the proposed
access locations. Staff acknowledges that there is a potential for the conflicts mentioned by ODOT, but
recommends the applicant's traffic engineer (Kittelson) respond to ODOT's comments before a final
decision is made by the City as to the access approval on SW Dartmouth Street.
Water:
This site is located within the Tualatin Valley Water District's (TVWD) service area. TVWD submitted
comments concerning this application. They indicate that a new public water line must be extended within
SW Atlanta Street, but are not sure at this time as to the size required. TVWD will need to review the City's
TTDS street map and obtain information from the City concerning the allowed land uses along the street
before they can determine a line size. Staff recommends the applicant also coordinate with -NWD with
regard to the line size. Prior to construction, the applicant will need to obtain a permit from TVWD for the
new waterline construction.
Sanitary Sewer:
There is an existing public sanitary sewer line located in the future ROW of SW Atlanta Street. The
applicant's plans indicate they will:connect a service line from the site into that main line.
Storm Drainage:
Storm water runoff will be collected in a private drainage system and directed to a private on-site storm
water quality system prior to its release into the mitigated wetland area. The system will consist of an
extended dry detention pond that will eventually discharge into the created wetland area. Per the drainage
calculations submitted by the applicant, no detention is required for this site because of its lower basin
proximity to the Tualatin River.
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The storm drainage study assumes that the twin culverts that cross SW Dartmouth Street will be clean of
any debris. The engineer indicates that the culverts are not presently clean and that they should be cleaned
prior to the project being constructed in order for the storm water runoff to behave as assumed in the storm
drainage study. Staff concurs and has included a condition that will require these culverts to be cleaned
rior to issuance of a site and/or building permit for this project.
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-x-4)
which require the construction of on-site water quality facilities. The facilities shall be designed to remove
65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly
created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency
and method to be used in keeping the facility maintained through the year. Prior to issuance of the site
and/or building permit, the applicant shall submit pians and calculations for a water quality facility that will
meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for
the facility that must be reviewed and approved by the City prior to construction.
The applicant is proposing to provide an extended dry detention pond for this site. The preliminary
calculations indicate the pond will be adequately sized to handle this site.
To ensure compliance with Unified Sewerage Agency design and construction standards,the applicant shall
employ the design engineer responsible for the design and specifications of the private water quality facility
to perform construction and visual observation of the water quality facility for compliance with the design
and specifications. These inspections shall be made at significant stages throughout the project and at
completion of the construction. Prior to final building inspection, the design engineer shall provide the City
of Tigard (Inspection Supervisor)with written confirmation that the water quality facility is in compliance with
the design and specifications.
Grading and Erosion Control:
USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment
and other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the
Urban Service Boundary (USB). For parcels within the USB, an addressing fee in the amount of$30 per
address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this
project, the addressing fee will be $30.
FINDING: Based on than analysis above, Staff finds that all the Street and Utility Improvement standards
have not been fully met. If conditions 13 through 30, summarized at the front of this report, are
satisfied, the standards will be met.
(Nixed Solid Waste and Recvclables Storane:
Chapter 18.755 requires that new construction incorporates 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 vw1ittan sign-off from the franchise hauler regarding the facility location and compatibility.
The applicant has not indicated which method they will meet. The applicant has not provided a written sign-off
from the franchise hauler stating that the proposed facility location is acceptable.
CPA 98-"SDR 98-27/131)98-14
BABIES"R"US RETAIL SPORE PAGE 25 OF 29
FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and
recyclables standards, Staff cannot determine if this standard has been met. If the applicant
provides a written sign-off from the franchise waste hauler that the location and size of the
facility is adequate,this criterion will be met.
®CONDITION: Submit a written sign-off from the franchise waste hauler that the proposed facility meets the
waste hauler standards.
ADDITIONAL SDR REVIEW CRITERIA
Section 18.360.090.A.2 through A.16 provides additional Site Development Review approval standards
not necessarily covered by the provisions of the previously listed section. These other standards are
addressed immediately below with the following exceptions:
The proposal contains no elements related to the following because the proposal does not involve a
residential development and are,therefore,found to be inapplicable as approval criteria:
Sections: 18.360.;090.3 (Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living
Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation
Areas: Multi-family Use);and 18.360.090.9(Demarcation of Spaces).
The following Sections were discussed previously in this report and will riot be addressed in this section:
18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses); 18.360.090.A.8. (100-ye-ar
Floodplain); 18.360.090.12 (Landscaping); 18.360.090.13 (Drainage); and 18.360.090.14 (Provision For the
Disabled).
Relationship to the natural and physical environment:
Buildings shall be: located to preserve existing trees, topography and natural drainage where
possible based upon existing site conditions; located in areas not subject to ground slumping or
sliding; located to provide adequate distance between adjoining buildings for adequate light, air
circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be
preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter
18.790,Tree Removal
The building has been located at the corner of the development in an effort to preserve as much of the
wetland and natural drainage area as possible. The site is relatively flat and not subject to ground slumping
or sliding. The Building Division has reviewed the proposal and provided comments. None of the
comments provided indicate that the building location will impede fire fighting ability or light and air
circulation. The development is not residential; therefore, the requirement to be oriented with consideration
to the sun and wind is not considered applicable. Tree removal and mitigation is discussed previously in
this report.
FINDING: Because the building has been located with consideration to the natural environment and
trees have been discussed and addressed previously in this report, Staff finds that
relationship to the natural and physical environment standard has been satisfied.
Development within or adjacent to floodplain:
Where landfill and/or development is allowed within and adjacent to the 100-year floodplain,the City
shall require consideration of the dedication of sufficient open land area for greenway adjoining and
within the floodplain. This area shall include portions at a suitable elevation for the construction of
a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/
bicycle plan.
The property does not abut a floodplain; therefore,this criterion does not apply.
FINDING: Because the site does not abut a floodplain, Staff finds that this standard does not apply to
this application.
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BABIES"R"US RETAIL STORE PAGE 26 OF 29
Crime prevention and safety;
A. Windows shall 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 they can be observed by
others;
C. Mail bones shall be located in lighted areas having vehicular or pedestrian traffic;
D, The exterior lighting levels shall be selected and the angles shall be oriented towards areas
vulnerable to crime; and
E. Light fixtures shall be provided In areas having heavy pedestrian or vehic4dar traffic and in
potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes.
Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet,
which is sufficient to illuminate a person.
Criterion"A" has been addressed previously in this report. Criteria "B" and "C"do not apply, as this is not a
residential development. The Police Department has reviewed this proposal and requested that a lighting
plan be submitted for the southwest corner of the structure near the cement plaza in order to satisfy"D" and
..E.,
FINDING: Because information from the Police Department indicates that lighting is needed at the
southwest corner of the structure and that has not been provided, criteria "D" and "E" have
not been satisfied. If the applicant submits a revised lighting plan that shows lighting will be
provided at the southwest corner of the structure in the area of the plaza, the criteria will be
met.
CONDITION: Submit a revised lighting plan for review and approval by the Police Department that shows
lighting will be provided at the southwest corner of the structure in the area of the plaza.
Public transit:
Provisions within the plan shall be included for providing for transit if the development proposal is
adjacent to existing or proposed transit route; the requirements for transit facilities shall be based
on: the location of other transit facilities in the area; and the size and type of the proposal. The
following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for
buses; and connecting paths to the shelters.
Tri-Met has provided comments which indicate that the area is served by Tri-Met line 12, which runs along
SW Pacific Highway. Apparently, no bus line runs along the site frontage; therefore, bus stops, turnouts,
etc are not required. Tri-Met provided recommendations to allow for a more pedestrian friendly design,
however,the recommendations are contrary to agreed upon DET adjustments.
FINDING: Because no bus lines run along the site frontage,this standard does not apply.
Provisions of the underlying zone:
All of the provisions and regulations of the underlying zone shall apply unless modified by other
sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment
granted under Chapter 18.370.
Use Classification:
The applicant is proposing to build a retail store to serve a single tenant use. This use is classified in
Code Chapter 18.130(lase Classifications)as General Retail—Sales Oriented.
The proposed general retail use of the property is listed as a permitted use within the General Commercial
®Zoning District.
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BABIES"R"US RETAIL STORE PAGE 27 OF 29
Dimensional Requirements:
The General Commercial Zoning District standards contained in Chapter 18.520 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 percent landscaping or areas not developed with impervious surfaces.
The parcel width is greater than 50 feet. The applicant has provided calculations which indicate that slightly
more than 15 percent landscaping will be provided. The landscaping has been discussed previously in this
report.
Setbacks:
Chapter 18.520 states that no front, side, or rear yard setback Is required except 20 feet shall be
required where the zone abuts a residential zoning district.
This standard is superceded by the Tigard Triangle Design Standards.
Building Height:
Chapter 18.520 states that a maximum height of 45 feet is permitted in General Commercial Zoning
District.
The applicant's elevation plans and narrative show that the building will be no greater than 27 feet.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Building Division has reviewed this application and has offered the following
comments: 1) Storm drainage system shall be an engineered design. Submit design calculations. 2) Is
fire hydrant private or public? Easements required for vault and fire hydrant line. `Contact Mike Miller. 3)
Keystone at fence must be engineered. Provide design calculations.
The Operations Utility Manager has reviewed this application and provided the following comments:
Sheet 8, water quality pond to be private. Sheets 1-6, wetland enhancement pond to be private. Sheet#2
of 6, need an access road to existing sanitary manhole. Paved? See sheet#2. Water is provided by
Tualatin Valley Water District.
Staff response: The issues raised by this department have been incorporated into the body of this report
under Public Facility Concerns.
The Property Manger/Operations Department has reviewed the proposal and offered comments which
are summarized as follows: The property management section prefers no planted medians. They have
questions regarding the types of trees removed and the tree replacement method. They have questions
about the use of herbicides for landscaping, especially regarding the use in relation to the wetland. They
have stnted that the funny pipe needs to be deeper than 2-4 inches; they suggest 6-8 inches to insure that
normal soil movement does not expose the pipe. The City arborist asks that root control be provided along
SW Atlanta Street for the European Hornbeam in the planter strips.
Staff response: The TTDS requires planted medians. The issue of the funny pipe depth will be discussed
as part of the engineering review of the water quality facility. The street tree planting
methods must be approved by the City arborist. A condition of approval has been
attached that requires the applicant to obtain City arborist's approval of tree planting
methods prior to street tree installation.
The Police Department reviewed this application and has offered the following comments: This office
would like to have submitted "lighting plan"for southwest corner of structure near the "cernent plaza". I did
not notice any lighting in area (particularly"wall-paks")that would further illuminate the corner.
®
Staff response: This comment has been incorporated into this report and a condition applied.
CPA 984VSDR 99-271120 98-14
BABIES W US RETAIL STORE PAGE 28 OF 29
SECTION VI. AGENCY COMMENTS
The Oregon Department of Transportation has reviewers this application and has provided comments
which have been discussed in the body of this report under Public Facility Concerns.
IOGTE has reviewed the proposal and provided the following comments: Developer to provide 4" conduits
from equipment room to GTE manhole per CTE specs.
Tualatin Valley Water District has reviewed the application and provided the following comments: We
have reviewed plans for project. We noted that a new street, SW Atlanta Street, is proposed along the
north side of the proposed project site. TVWD requests a traffic circulation plan for the extended street.
District required extension of water lines in public streets to extents of property under development.
Connection point to water system may change from that shown to new line in SW Atlanta Street.
Tri-Meg has reviewed the proposal and provided comments that have already been discussed within this
report.
Unified Sewerage Agency has reviewed the application and provided comments which have been
incorporated into the body of this report.
Division of State Lands has reviewed this proposal and offered the following comments: This project has
been authorized under state permit RF-10232 for Waremart, Inc. A copy of the permit and conditions were
attached to comments provided by the DSL
US Army Corps of Engineers has reviewed the proposal and provided the following comments: These
plans are different than we permitted. Enclosed is a copy of what we permitted. It is unclear whether they
are still within the permitted footprint.
Staff response: A condition of approval needs to be attached that requires the applicant to get
confirmation from the US Army Corps of Engineers and DSL that the plans shown are
pennitted, or revise the plan to meet the permitted mitigation. This condition will not be
signed off until a letter of confirmation is received from Jan Stuart of the US Army Corps of
Engineers and Bill Parks of DSL.
Metro was given an opportunity to review this application and did not provide Staff with any comments or
objections
TCI Cable Vision, US West and Portland General Electric (PGE) have reviewed this application and
offered no comments or objections.
hcurpinyuUMBabies final 5-12-99.dot
CPA OS 041SDR 98-27/PD W14
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