MLP1993-00006POOR QUALITY RECORD
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LEGIBILITY STRIP
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington
City of Tigard
'111.0igA.AAIIU/4"1-
depose and say: (Please print)
That I am a
The City of Tigard,
being first duly sworn /affirm, curl oath
L cp t6giAdJAi for
Oregon.
That I served NOTICE OF PUBLIC 'HEA2 NG FOR:
f: That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Cdunzil
A copy (P-';>lic Hearing Notice/Notice of
Exhibit ") was mailed to each named
attached list marked exhibit "B" ctt the
said notice NOTICE OF DECISION as he etq
bulletin board on the Iv= day of
in the United States Mail on the E
postage prepaid.
=prepared Notice
Decision) of which is
v�ersons at the d�"
day of
attached, was po
%, 19
day of
attached (Marked
sa shown on the
19.
on an app,:opriate
; and deposited
Sub acribod and sworn /affirm 1 :4) sae on the
19j •
41
day of
T yy
7::::-J--
OTARY PUBLIC Off' OREGO
My Commission Exp
NOTICE OF DECISION
MINOR LAND PARTITION MLP 93 -0005
MINOR LAND PARTITION MLP 93 -0006
MCDONALD'S CORP. -m OWNER / APPLICANT
APPLICATION A request for Minor Land Partition approval to divide
one parcel of approximately 1.68 acres into three lots of
approximately 35,261, 21,527 and 16,308 square feet each
ZONE: C -P (Professional Commercial). LOCATION: South of SW
Scholls Ferry Road and east of SW North Dakota Street (WCTM 151
34BC, tax lot 406) .
In addition, the applicant also requests Minor Land Partition
approval to divide a second p arcel of a pp rox imately 1 e 69 acres into
two lots of approximately 54,910 and 18,830 square feet each
ZONE: C -G PD (General Commercial, Planned Development) LOCATION:
12388 SW Scholls Ferry Road. (WCTM 1S1 34Bee `ax lot 404).
APPLICABLE LAW: Corcununity Development Code Chapters 18.62.050,
18.64.050, 18.162.0.40 and 18.162.050.
DECISION: Notice is hereby given that the Planning Director's
designee for the City of Tigard has A+ PROVED Minor Land Partition
93 -0005 / 93- 0006 SUBJECT TO CERTAIN CONDITIONS as :Listed below.
SECTION I C( JITIONS OF APPROVAL:
THE FOLLOWING CONDITION SHALL BE REQUIRED PRIOR TO RECORDING THE
PLAT. UNLESS OTHERWISE NOTED, THE STAMP) CONTACT FOR ALL CONDITIONS
SHALL BE CHRIS DAVIES,; ENGINEERING DIVISION
1. The applicant shall provide the City Engineering Department
with a copy of all ingrtass /egre,ss and utility easements. The
easements shall be referenced on and beoonae part of all
applicable parcel Deeds. This should be shown on the final
plat.
THE FOLLOWING CONDITIONS SHALL BE MEN! PRIOR TO THE ISSUANCE OF
BUILDING PERMITS UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR
ALL CONDITIONS SHALL BE CHRIS DAVIES, ENGINEERING DIVISION:
1. Provide the Engineering Department with a recorded raylar copy
of the final survey prior to recording the plat with Washington
County. A copy of this recorded
plat shall be d lkre~ed to
the City of Tigard Engineering De a within 30 days after
recording.
THE __ APPLICANT SHOULD IN ADDITION,_ BE AWARE . OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT'' CODE THAT SHALL BE __COMPLIED'
WITH. AS A MINIMUM, PRIOR TO PLAT APPROVAL
STAFF RPPORT /ALP 93 -0005 / MLP 93.0006 MCDONALD'S CORP. Page 1
1. SECTION 18.162.080
Requirements
. Three copies of the partition plat prepared by a laud
surveyor to practice in Oregon, and necessaA -y data
narrative.
B. The partition plat and data or narrative shall he drawn
to the minimum standards set forth by the Oregon Revised
Statutes (ORS 92.05), Washington County, and by the City
of Tigard.
2. SECTION 18.164.150 Installation: Prerequisite /Permit Fee
A. No land division improvements, including sanitary sewers,
storm sewers, streets, sidewalks, curbs, - lighting or
other requirements shall be undertaken except after the
Mans therefor have been a pp roved by the City, permit fee
paid and permit issued.
Final Plat Application Submissio n.
SECTION II FINDINGS OF _ FACT:
1.
Vicinity Z ation
Tax lot 406 is located on SW North Dakota Street approximately
300 feet south of the intersection of SW Scholls Ferry Road,
SW North Dakota Street. Access to the property is provided
from SW North Dakota Street.
located on �,. lot 404 i
Tax lot SW Scholls Ferry Road approximately
200 feet east of the intersection of SW Scholls Ferry Road and
SW North dakota Street. Access to the property is provided
from SW Scholia Ferry Road. The surrounding properties are
zoned for residential development and are substantially
developed.
2. Site Information and Proposal _ lDescria
The two Parcels are approximately 146,809 square feet in size.
An . . restaurant now occupy Parcel #1 of tax;
existing I�,c�bona].d r s r
lot 4040 The remaining parcels are to be developed with
commercial activities.
3 Agency and NPO comments
Tigard Waiter District has reviewed this proposal and has
offered the following comments
Although the Wai e,: objeCtion to the
District has no
Partition request on tax lot 406, it is recd. ended that
a new 8° water main he installed from SW North Dakota
STAFF REPORT IMP 93 -0005 / aP 93-0006 MCDONAlD S CORP.
Page 2
Street, east along the existing private drive to serve
the proposed par`els Also if it is possible to loop
the water main back to another main on the south side of
proposed parcel 3 ®p/at B then a dead endd main would be
eliminated.
In addition, the Water District has no objection to the
partition request on tax lot 404, but it should be noted
that parcel 2 -plat A does not have access to a water
main. The nearest water main is on the south side of
proposed parcel 3-plat B It is recommended that a new
water line be installed (minimum of 8 ") from SW North
Dakota Street along the existing private drive. Also
fire hydrants must be located within 250 feet of all
portions around the new proposed buildings.
General Telephone and Electronics has reviewed this proposal
and has offered the following comments:
Any re- location of existing telcc facilities will be at
the expense of the owner /developer.
The City-of Tigard Building Division, School District #23.7 and
Portland General Electric have revied this proposal and have
no objection to it
No other comments have been received.
SECTION _III FINDINGS l CONCLUSIONS ONS Manor Land Partition
Section 18.162.040 contains the following general approval
criteria for a Minor Land Partition:
1, The proposal conforms with the City's Comprehensive
Plan;
2 The proposed partition complies with all statutory
and ordinance requirements and regulations;
3 Adequate public facilities are available to serve
the proposal;
All proposed lots conform to the size
dimensional requirements of this title; and
All proposed improvements meet City and applicable
agency standards (Ord. 89-06; Ord. 83 -52).
The proposed partitions complies with the minor land partition
approval criteria noted above. The three parcels in the C -P
STAFF REPORT' AL? 93 -0005 it N P' 93 -0006 MCDO iLD'S CORP-
zoning district, will exceed the 6,000 s c care feet minimum lot
area requirement„ and she 50 foot average minimum lot w idtb .
• �. • zoning district will
The two additional parcels in the C ®G g
exceed the 50 foot average minimum lot width standard. There
is no minimum lot area requirement in the C -G zone. The
existing McDonald's restaurant building would continue to
comply with applicable building setback standards. Becanse
partitioning would appear to fac ilitate usage of the pares
with uses permitted by the C -P, and C -G zone, partition g
supportive of Comprehensive Plan purposes.
The parcels are already adequately served by necessary public
facilities including sanitary sewer, storm drainage and water
supply. The applicant has submitted oopieo of the declaration
of restrictions and easements for both parcels. This document
states that both pt,. ,',lets will grant non - exclusive utility
easements to all the other newly created parcels in the
development and specify maintenanris responsibilities for the
utilities°
All affected parcel will have in excess of the 25 foot minimum
frontage on public roadways. The declaration of restrictions
and grant of easements for tax lot 401 which is west of tax lot
404, and north of tax lot 406 grants non- exclusive access
easements for the various parcels within the development.
Therefore, an access easement already exists in favor of , there
new parcels All parcels within this development will share
access and parking which is consistent with the standards of
Code Chapters 18.106 (Parking) and Chapter 18.108 (Access,
Egress and Circulation).
Sections 18.164.030 (Streets) , 18.164.090 (Sanita';y Sewer) , and.
18.164. 100 (Storm Drains) have been addressed and are satisfied
as specified below:
1. Streets
Tax lot 406 is located on SW North Dakota Street p' oxi'tately
300 feet south of the SW Scholls Ferry Road./North Dakota Street
intersection. Loi44 North Dakota Street is classified as a minor
collector street and has the following minimum standards (all
distances are from centerline of the right -of -way; 30 feet
of right -of -way, 20 feet of pavement, curbs and sidewalks.
SW North Dakota Street is Bally improved along the frontage of
this site,; Access to the site (s) is from an existing
ingress/egress ; no additional access i s requested.
.� � easement;
No additional improvements are required.
Tax lot 404 is located on SW Scholls d•'erry Road approximately
er Road is under jurisdiction
Street
200 feet east of the SW Scholls Ferry Road North Dakota.
intersection. SW Scholls Ferry
° der the urisdiction.
STAFF REPORT MLP 93 . 0005 / ML1 93 -0006 MCDONALD'S CORP.
Page 4
Road is fully improved
of Washington County. SW Scholl5 Ferry f l used o 2nd
along the frontage of ° the site. Aces s to the i proposed
el is from an a ,asti.ng access easement No additional
parcel
improvements are required.
2 Sanitary Sewer:
q there is an 8 inch public sanitary sewer line located
Currently th lines of tax lot X06 b
along the west and north property
existing line has the capacity for any future development. No
additional improvements are required.
y has an 0 inch public sanitary sewer line
Tax lot 404 currently parcel. The, existing
located at the southwest corner of the p ng
any future development. line has the capacity for ant
additional improvements are required.
3. Storm Sewer:
an existing p' g line located
Tax lot 406 has public storm drainage
o
in SW North Dakota Street. This system has the apac t� tare
handle any future development. No additional 1 p
required
a private storm .drain drain line which
Tax lot 404 i.s �aers;� ed by � in SW North
has proposed connects to a pulic storm sewer applicant has located d a joint
use/maintenance Street. agreement for the private line for any future
Zp
use0m�si.iitenance; age. � system ha�r`� the capacity
development. The private and public sy improvements
to handle any 1 uture development • No additional imp v
are required.
SECTION IV - DECISION
• ^:r .. The Planning Division hereby APPROVES ( TEr MinCr Land I'Lr1tio1 NIP
93m -0005 / 9 i
3 ®0006 subject to the conditions listed in Section
•: I at the beginning of this decision.
THIS APPROVAL
Li VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
cei
EFFECTIVE DATE OF THIS DECISION
co
1 Notice: : Notice was posted at City Hal:,, and mailed
-A to:
The applicant, and owners
° , Planning Lia
.Owners of record withinothe required rged distance
XX The affected Neighborhood
XX._.. Affected government agencies
STAFF REPORT Min') 93 000 / MLP 93 -0006 MCDONAID' S CORP. Page 5
•
. Final Decision: THE DECISION SHALL BE FINAL ON
611 '13 UNLESS AN APPEAL IS FILED.
3. Appeal.: Any party to the decision mey appeal this
decision in accordance with Section
18.32.290(A4 and Section 18.32.370 of the Community
Development Code which provides that a written
appeal must be filed with the City Recos {:der within
10 days after notice is given and sent. Appeal fee
schedule and f c:rms are € ' ailable at Tigard City
Hall, 13125 SW Hall Blvd., Tigard, Oregon.
The deadline for filing of an appeal is 3:30 p.m. 11(-210-4r3
4. (apestions If you have questions, please call City of
Tigard Planning Department, City of Tigard -- City Hall,
1312e SW Hall Blvd. , Tigard, Oregon.
Prepared by:
Victor Adonri
Assistant Planner
STAFF REPORT ; ?tEP 93 --0005 f XLP 93 0006 PICDONALD °S CORP. Page
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